Bhikchand S/O Dhondiram Mutha ... vs Shamabai Dhanraj Gugale (Deceased) ...
Case Significance
Bhikchand S/O Dhondiram Mutha ... vs Shamabai Dhanraj Gugale (Deceased) ... is a Supreme Court of India decision dated May 14, 2024 (citation: insc-2024-411). The appellant-judgment debtor sought restitution under Section 144 CPC after an appellate court modified a money decree by reducing interest, where the original decree had been executed by selling his entire immovable property. The Supreme Court held that a judgment debtor is entitled to restitution when a decree is varied, and that execution by sale of entire property far exceeding the decree amount is impermissible. The appeal was allowed, the property sale was set aside, and parties were r The bench comprised Justices Hrishikesh Roy and Prashant Kumar Mishra. The judgment was delivered by Justice Prashant Kumar Mishra.
Summary
The appellant-judgment debtor sought restitution under Section 144 CPC after an appellate court modified a money decree by reducing interest, where the original decree had been executed by selling his entire immovable property. The Supreme Court held that a judgment debtor is entitled to restitution when a decree is varied, and that execution by sale of entire property far exceeding the decree amount is impermissible. The appeal was allowed, the property sale was set aside, and parties were restored to pre-execution positions.
What was the outcome of Bhikchand S/O Dhondiram Mutha ... vs Shamabai Dhanraj Gugale (Deceased) ...?
The appellant-judgment debtor sought restitution under Section 144 CPC after an appellate court modified a money decree by reducing interest, where the original decree had been executed by selling his...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-411)