Alka Shrirang Chavan & Anr. vs. Hemchandra Rajaram Bhonsale & Ors. (SC)

Code of Civil Procedure, 1908–Order 21, Rules 97 to 102–Transfer of Property Act, 1882–Sec. 52–Specific Relief Act, 1963–Sec. 19(b)–Execution proceedings–Objection by the subsequent purchaser–Rejection of –Appellants were the subsequent purchasers and their rights were subservient to the rights of the decree-holder–After the decree of Trial Court and following the execution of the sale deed by the Court Commissioner, a valid title qua the suit property passed in favour of the decree-holder–All the Courts have recorded a clear finding of fact that the appellants were fully aware of the pendency of the suit–Rights of the appellants have been clearly adjudicated under Order 21, Rules 97 to 102–Applicaton of respondent no. 1 for removal of obstruction was also within the period of limitation–Held, no error or infirmity is found in the impugned judgment–Appellants are directed to hand-over actual possession of the suit property to respondent no. 1 (decree-holder).