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Supreme Court of India 2019-01-22 partly_allowed

Yatinder Kumar Aggarwal & Ors vs Mukund Swarup & Ors

Bench: 3 — A.K. Sikri

In Brief

In this matter spanning decades, a 1955 money decree of Rs. 11,666.66 was upheld through appellate courts. During execution in 1964-65, the Judgment Debtor made multiple deposits totalling Rs. 35,906/—far exceeding the decretal amount. A District Judge's 1971 order recognized decree satisfaction via Rs. 13,800/- bank deposits. The Supreme Court's 2013 judgment overlooked this material evidence and upheld property sale. The Court recalled that judgment, found decree substantially satisfied, set aside the sale, and imposed Rs. 50,000/- compensation for contempt in violating interim restraint orders, taking a lenient view given changed circumstances.

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Civil Procedure Code Execution Contempt of Court Decree Satisfaction Review Petition

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