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Supreme Court of India 2021-04-22 dismissed

Rahul S. Shah vs Jinendra Kumar Gandhi & Ors

Bench: 3 — Sanjeev Khanna, Vikram Nath, JB Pardiwala

In Brief

This case involved a decades-long dispute over property purchased by different parties at different times, with multiple litigation rounds spanning trial, appeal, execution, land acquisition, and criminal proceedings. The vendors questioned sale deeds they had executed; decree holders obtained possession decrees but faced obstruction during execution by subsequent purchasers claiming overlapping rights. The Supreme Court upheld the High Court's dismissal of all challenges and affirmed directions for appointment of a Court Commissioner to survey and identify the property. The Court held that frivolous third-party claims at execution stage should be entertained only rarely, and directed comprehensive procedural reforms to prevent abuse and expedite execution, including trial-stage identification of third parties, clear decrees, and six-month execution timelines.

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Civil Procedure Execution of Decrees Third-Party Claims Abuse of Process Procedural Safeguards

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