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Supreme Court of India 2022-07-06 dismissed

Sriram Housing Finance and Investment India Limited vs Omesh Mishra Memorial Charitable Trust

Bench: 2 — J.K. Maheshwari

In Brief

This case involves a dispute over execution of a decree for possession of property. Late N.D. Mishra granted a lease on his property but the tenant failed to vacate, leading to a suit decided in 1993 in favor of the decree holders (including a charitable trust established under his will). After the decree became final, Yogesh Mishra (a legal heir) sold the property to Sriram Housing Finance, a company. When execution proceedings began against the tenant, the company filed objections under procedural rules. The Supreme Court held that only the original decree holder can object during execution proceedings, not a purchaser from a legal heir. The company had no standing to raise objections since it was neither the decree holder nor dispossessed by one. The appeal was dismissed, affirming the decree holder's right to execute the judgment."

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Civil Procedure Execution of Decrees Property Rights Bona Fide Purchase Immovable Property

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