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Supreme Court of India 2019-01-22 partly_allowed

YATINDER KUMAR AGGARWAL vs MUKUND SWARUP

Bench: 3 — A.K. Sikri, S. Abdul Nazeer, M.R. Shah

In Brief

A civil suit for recovery of Rs. 11,666.66 was filed in 1955 and a decree passed. During execution proceedings, the defendant/judgment debtor made periodic deposits of over Rs. 35,906/- toward the decreetal amount. The Court's 2013 judgment had dismissed an appeal without noting a 1971 District Judge order finding the decree satisfied. Later, interim orders restraining property sale were violated. The Supreme Court set aside the earlier judgment, recalled the sale order, and imposed Rs. 50,000/- compensation for contempt rather than harsher penalties, finding the decree had been substantively satisfied.

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Civil Procedure Execution of Decrees Contempt of Court Property Rights

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