Supreme Court and High Courts judgments on Execution of decrees (Order XXI Rule 97, Section 47 CPC)

58 judgments, latest first, from 2018 to 2026. A judgment is listed here when its headnote names this subject: the Supreme Court Reports' own headnote (filed under the provisions below, or naming the subject), or an AI-written headnote that was reviewed and approved. A mention in the full text alone does not count, and criminal cases are not listed under this subject.

Provisions

Section 47, Code of Civil Procedure, 1908 9

Mahindra and Mahindra Financial Services Ltd. vs Maheshbhai Tinabhai Rathod & Ors.

SC · 16 December 2021

[2021] 12 S.C.R. 94 : 2021 INSC 900

Arbitration and Conciliation Act,1996 – s.34 – Power of Court to condone the delay for setting aside an Award – In the instant case, Arbitral award passed on 28.02.2011 in favour of appellant and copy of the award dispat…

Bangalore Development Authority vs N. Nanjappa and Another

SC · 6 December 2021

[2021] 9 S.C.R. 351 : 2021 INSC 827

Code of Civil Procedure, 1908: Or.XXI r.97 r/w s.151 CPC – Resistance/obstruction to possession of immovable property – Case of appellant-BDA was that the land in question was acquired by it under the provisions of 1976…

K. Karuppuraj vs M. Ganesan

SC · 4 October 2021

[2021] 8 S.C.R. 743 : 2021 INSC 610

Specific Performance – Suit for specific performance of contract filed by plaintiff – Dismissed – First appeal, allowed by High Court – Held: For the purpose of passing decree for specific performance, plaintiff has to p…

Narayan Deorao Javle (Deceased) through Lrs. vs Krishna & Ors.

SC · 17 August 2021

[2021] 8 S.C.R. 481 : 2021 INSC 407

Transfer of Property Act, 1882: ss. 60, 59A – Redemption of the mortgaged property – Right of – On facts, non-payment of the mortgage amount by the original mortgagors to the mortgagee – Suit for recovery of the mortgage…

K. P. Natarajan & Anr. vs Muthalammal & Ors.

SC · 16 July 2021

[2021] 5 S.C.R. 350 : 2021 INSC 337

K. P. NATARAJAN & ANR. v. MUTHALAMMAL & ORS. (Special Leave Petition (C) No. 2492 of 2021) JULY 16, 2021 [INDIRA BANERJEE AND V. RAMASUBRAMANIAN, JJ.] Code of Civil Procedure, 1908: Or.XXXII, r.3 – Suit for specific perf…

H. S. Goutham vs Rama Murthy and Anr. etc.

SC · 12 February 2021

[2021] 4 S.C.R. 996 : 2021 INSC 82

Code of Civil Procedure, 1908 – Or.XXI, r.92 r/w r.94, Or.XLI, rr.27-29 –Defendants (mortgagers) failed to repay the borrowed amount, father of appellant-original plaintiff filed suit – Consent decree passed – Plaintiff…

Tamil Nadu Housing Board vs Abdul Salam Sarkar (Dead) and Others

SC · 13 January 2021

[2021] 1 S.C.R. 662 : 2021 INSC 21

TAMIL NADU HOUSING BOARD v. ABDUL SALAM SARKAR (DEAD) AND OTHERS (Civil Appeal No 94 of 2021) JANUARY 13, 2021 [DR DHANANJAYA Y CHANDRACHUD AND SANJIV KHANNA, JJ.] Land Acquisition Act, 1894 – Acquisition of land – Inter…

Shri Ram Sahu (Dead) through Lrs. vs Vinod Kumar Rawat & Ors.

SC · 3 November 2020

[2020] 11 S.C.R. 865 : 2020 INSC 627

Code of Civil Procedure, 1908 – s.114 and Or. 47, r. 1 – Review of Judgment by the High Court – Predecessor of the appellants filed a civil suit against the respondents-original defendants for declaration of registered s…

Government of India vs 1. Vedanta Limited (Formerly Cairn India Ltd.) 2. Ravva Oil (Singapore) Pte. Ltd. 3. Videocon Industries Limited

SC · 16 September 2020

[2020] 12 S.C.R. 1 : 2020 INSC 548

Arbitration and Conciliation Act, 1996 – ss.47 and 49 – Foreign award – Limitation for filing enforcement/execution petition for enforcement of a foreign award – Held: Period of limitation for filing a petition for enfor…

Aarifaben Yunusbhai Patel & Ors. vs Mukul Thakorebhai Amin & Ors.

SC · 17 March 2020

[2020] 4 S.C.R. 944 : 2020 INSC 297

AARIFABEN YUNUSBHAI PATEL & ORS. v. MUKUL THAKOREBHAI AMIN & ORS. (Civil Appeal Nos. 1643-1644 of 2020) MARCH 17, 2020 [L. NAGESWARA RAO AND DEEPAK GUPTA, JJ.] Code of Civil Procedure, 1908 – Or. XXI, r. 90 – Limitation…

Bank of Baroda vs Kotak Mahindra Bank Ltd.

SC · 17 March 2020

[2020] 5 S.C.R. 492 : 2020 INSC 299

Limitation Act, 1963 – Arts. 136 and 137 – Executing a decree passed by a foreign court (from a reciprocating country) in India – Period of limitation for – Held: The limitation period for executing a decree passed by a…

Varadarajan vs Kanakavalli & Ors.

SC · 22 January 2020

[2020] 1 S.C.R. 132 : 2020 INSC 75

VARADARAJAN v. KANAKAVALLI & ORS. (Civil Appeal No. 5673 of 2009) JANUARY 22, 2020 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Code of Civil Procedure, 1908 – Or. XXII, r.5 and s.115 – Wife filed suit inter alia for partiti…

N. Mohan vs R. Madhu

SC · 21 November 2019

[2019] 14 S.C.R. 156 : 2019 INSC 1270

N. MOHAN v. R. MADHU (Civil Appeal No. 8898 of 2019) NOVEMBER 21, 2019 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] Code of Civil Procedure, 1908 – Or. IX, r.13 and s.96(2) – Respondent-plaintiff case was that h…

Rameshchandra Daulal Soni & Anr. vs Devichand Hiralal Gandhi (Dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors.

SC · 14 November 2019

[2019] 17 S.C.R. 46 : 2019 INSC 1240

RAMESHCHANDRA DAULAL SONI & ANR. v. DEVICHAND HIRALAL GANDHI (DEAD) THR. LRS. SMT. GULABBAI DEVICHAND GANDHI & ORS. (Civil Appeal No. 9834 of 2016) NOVEMBER 14, 2019 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.]…

S. P. Misra & Ors. vs Mohd. Laiquddin Khan & Anr.

SC · 18 October 2019

[2019] 13 S.C.R. 497 : 2019 INSC 1163

Indian Partnership Act, 1932 – s.42(c) – Predecessor-ininterest of the appellants and that of the respondents entered into partnership for carrying on business in real estate, by developing the land which formed part of…

Baljeet Singh (Dead) through Lrs. and Others etc. etc. vs State of U.P. and Others

SC · 8 August 2019

[2019] 11 S.C.R. 646 : 2019 INSC 877

BALJEET SINGH (DEAD) THROUGH LRS. AND OTHERS ETC. ETC. v. STATE OF U.P. AND OTHERS (Special Leave Petition (C) Nos.30404–30442 of 2017) AUGUST 08, 2019 [ARUN MISHRA, ABDUL NAZEER AND M. R. SHAH, JJ.] Delay/laches: Delay…

Sobha Singh and Sons Pvt. Ltd. vs Shashi Mohan Kapur (Deceased) Thr. L.R.

SC · 15 July 2019

[2019] 9 S.C.R. 949 : 2019 INSC 756

Code of Civil Procedure, 1908 – Or. XX, rr. 6, 6A & 7, Or. 21, rr.2, 11(2) & (3) and Or. XXIII, r.3 and ss. 35-A, 151 – Appellantlandlord is the decree holder and the respondent is the judgment debtor – Appellant let out…

Pam Developments Private Ltd. vs State of West Bengal

SC · 12 July 2019

[2019] 9 S.C.R. 252 : 2019 INSC 755

Arbitration and Conciliation Act, 1996 – Code of Civil Procedure, 1908 – Effect of s. 36 of the Arbitration Act, vis-a-vis the provisions of Or. XXVII, r. 8A of CPC – Respondent-State invited tender relating to the work…

Karnataka Housing Board vs K. A. Nagamani

SC · 6 May 2019

[2019] 7 S.C.R. 218 : 2019 INSC 631

KARNATAKA HOUSING BOARD v. K. A. NAGAMANI (Civil Appeal No. 4631 of 2019) MAY 6, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Consumer Protection Act, 1986: s. 21(b) – Jurisdiction of the National Commission – Appeal a…

Cheriyath Jyothi vs Sainudeen and Anr.

SC · 24 April 2019

[2019] 6 S.C.R. 803 : 2019 INSC 566

Kerala Panchayath Building Rules, 2011: Unauthorised structure – Demolition of – Sought by appellant and also alleging hazardous activities therein – Lok Adalat ordered for demolition – Appellant filed execution petition…

Lmj International Ltd. vs Sleepwell Industries Co. Ltd.

SC · 20 February 2019

[2019] 4 S.C.R. 617 : 2019 INSC 241

Arbitration and Conciliation Act, 1996 – s. 48 – Parties entered into separate contracts for sale of Non-Basmati Parboiled Rice, Thailand origin– Contract governed by GAFTA 48 and disputes were to be resolved by Arbitrat…

Asgar & Ors. vs Mohan Varma & Ors.

SC · 5 February 2019

[2019] 2 S.C.R. 664 : 2019 INSC 144

Code of Civil Procedure, 1908 – Explanation IV to s.11 and Or.XXI rr.97 to 101 – Constructive Res judicata – Respondents instituted Execution Petition for delivery of possession of Schedule ‘B’ property – Application by…

Sneh Lata Goel vs Pushplata & Ors.

SC · 7 January 2019

[2019] 1 S.C.R. 463 : 2019 INSC 22

Code of Civil Procedure, 1908 – ss.21 and 47 – Partition suit was instituted – Final decree was passed confirming the preliminary decree – Further, supplementary final decree was also passed – Appellant filed proceedings…

Transmission Corporation of Andhra Pradesh Limited vs Equipment Conductors and Cables Limited

SC · 23 October 2018

[2018] 13 S.C.R. 1067 : 2018 INSC 980

Insolvency and Bankruptcy Code, 2016 – ss.8 and 9 – Insolvency and Bankruptcy (AAA) Rules, 2016 – r.6 – AppellantTransmission Corporation awarded certain contracts to the respondent for supply of goods and services – Som…

Meenakshi Saxena & Anr. vs Ecgc Ltd. (Formerly Known As Export Credit Guarantee Corporation of India Ltd.) and Anr.

SC · 18 May 2018

[2018] 5 S.C.R. 421 : 2018 INSC 548

Consumer Protection Act, 1986: ss. 25 and 27 – Execution of decree – Decree against insurer holding it liable to pay the insurance amount as agreed – Execution petition – During pendency of the petition, the insurer (jud…

Siddagangaiah (D) Thr. Lrs. vs N.K. Giriraja Shetty (D) Thr. Lrs.

SC · 11 May 2018

[2018] 6 S.C.R. 457 : 2018 INSC 506

Code of Civil Procedure, 1908: Or.XXI r.90, r/w s.47 – Suit for title and declaration filed on the basis of purchase of suit property from defendant no.1 – Defendant no. 2 who is wife of defendant no. 1 contended that de…

Meenal Bhargava vs Naveen Sharma

SC · 9 May 2018

[2018] 4 S.C.R. 521 : 2018 INSC 467

Contempt of Courts Act, 1971: s.12(1) r/w s. 12(3) – Appellant (wife) left company of her husband (respondent) with her son – Canadian Court granted custody of the child to the husband – Wife without complying with the o…

Mohinder Singh (Dead) through Lrs. vs Paramjit Singh & Ors.

SC · 28 March 2018

[2018] 7 S.C.R. 1027 : 2018 INSC 283

Punjab Limitation (Custom) Act, 1920 – Art.2(b) of the Schedule and ss.5 and 8 – Limitation of suits relating to alienation of ancestral immovable property – Gift Deed by one ‘U’ in favour of predecessor of the responden…

All topics · Judgments by Act · Judgments by judge