Prudeta
Prudeta
2026 INSC 426
📌 Paras 1-4
The appellant obtained a decree for refund of Rs. 1,45,00,000/- with interest against the judgment debtor (JD). Upon failure to receive payment, an execution petition was filed, and the suit property was attached. Objections filed by the JD and his assignees were dismissed. Subsequently, the JD's mother (respondent herein) filed an objection claiming a 1/3rd share in the property as joint family property. The respondent claimed to have learned of the proceedings only recently, despite residing in the property. The Execution Court and First Appellate Court dismissed her objection, but the High Court reversed this in second appeal.
📌 Para 5
Whether the High Court erred in reversing the orders of the Execution Court and Firs
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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