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Supreme Court of India 2024-04-22 allowed

REHAN AHMED (D) THR. LRS vs AKHTAR UN NISA (D) THR.LRS

Bench: 2 — Vikram Nath, Satish Chandra Sharma

In Brief

A property dispute in Jaipur concerning a sale agreement led to a suit for specific performance. The parties compromised, and the Trial Court issued a decree requiring Defendant No. 1 (the sole owner) to execute and register a sale deed upon receiving the balance amount and fulfilling conditions like obtaining a NOC and vacating property. Decades later, during execution, a legal heir of another defendant filed objections claiming the decree was void. The High Court allowed the objection, but the Supreme Court reversed it, holding that the compromise was valid between the necessary parties only, and subsequent objections by new legal heirs amounted to an abuse of process since previous heirs had already exhausted their remedies. The execution was restored.

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Execution of Decrees Compromise and Settlement Property Law Civil Procedure Abuse of Process Specific Performance

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