Justice R.S. Garg holds that buyers who purchased property before a civil suit cannot be dispossessed without proper inquiry, emphasizing due process in execution proceedings. In a significant ruling on property execution rights, the Chhattisgarh High Court has clarified that third-party purchasers who acquired property before the filing of a civil suit cannot be evicted…
Citation : 2001 Local Law (CG) 56 In a significant ruling, the Chhattisgarh High Court set aside an Executing Court’s decision that dismissed property objections without conducting an inquiry. Justice R.S. Garg held that when objections to execution are rejected without adjudicating the rights of the parties involved, such an order is revisable under Section…
Citation : 2001 Local Law (CG) 56 The Chhattisgarh High Court has set aside an executing court’s dismissal of objections by third parties who claimed ownership of land that a decree-holder sought to recover. In clear, measured reasoning, Justice R.S. Garg found that the execution court wrongly treated the objectors as transferees pendente lite and…