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Supreme Court of India 2019-09-13 allowed

S. BHASKARAN vs SEBASTIAN (DEAD) BY LRS. AND ORS

Bench: 4 — Mohan M. Shantanagoudar, Sanjiv Khanna, N.V. Ramana, Ajay Rastogi

In Brief

This case involves a dispute over the trusteeship of a temple property governed by a 1947 settlement deed, which vested trusteeship in the eldest son of a deceased trustee. The Trial Court found that S. Bhaskaran and his uncle were rightful trustees and obtained a decree. When execution proceedings were initiated, the judgment debtors challenged the decree in an execution application, alleging the heir certificate was fraudulent. The High Court allowed this challenge, but the Supreme Court reversed it, holding that an executing court cannot re-examine findings finalized through appellate confirmation. The Court ruled that the High Court exceeded its jurisdiction by permitting settled questions to be reopened in execution proceedings.

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Civil Procedure Execution of Decrees Finality of Judgments Revisional Jurisdiction Temple Properties

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