Supreme Court of India

H. S. Goutham v. Rama Murthy and Anr. Etc.

Neutral citation
Bench Ashok Bhushan, R. Subhash Reddy and M. R. Shah JJ.
Decided 12 February 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above and for the reasons stated above, both these appeals succeed.

Judgment, page 23

From the headnote

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 filed execution petition – Judgment debtors- defendants filed objections therein that the decree was obtained by fraud – Overruled by Executing Court vide order dtd.03.03.98 – Mortgaged property sold in Court auction – High Court in appeals and revision by judgment debtors called for a report from the Principal City Civil Judge as to whether the decree was obtained by fraud…

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