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Supreme Court of India 2019-07-23 allowed

Surinder Pal Soni vs Sohan Lal (D) Thru. LR & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

A seller sued to enforce a 2003 land sale agreement and obtained a partial decree for specific performance in 2012, subject to the buyer depositing the balance sale consideration. Both parties appealed; the appellate court confirmed the trial judgment in 2015. The buyer deposited the balance amount shortly thereafter and sought execution. The buyer's objections were rejected and execution was allowed. On revision, the High Court impermissibly substituted the decree with a refund order. The Supreme Court held that the trial court's decree merged with the appellate court's confirming decree, making the latter executable. The High Court's modification of a decree in revision was beyond its jurisdiction. The appeal was allowed and the execution order restored."

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Civil Procedure Specific Performance Execution of Decrees Doctrine of Merger Revisional Jurisdiction

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