PREM AGGARWAL versus MOHAN SINGH & ORS.

PREM AGGARWAL versus MOHAN SINGH & ORS.

The respondents complied with this Court's direction by tendering and depositing the award of Rs.2,00,00,000 within the stipulated period; the appellant unjustifiably obstructed execution and cannot retain possession after the suit for specific performance was dismissed and compensation awarded; therefore warrants of possession with police assistance were properly directed and the appeal is dismissed.

Parties
Appellant: Prem Aggarwal; Respondents: Mohan Singh & Ors.
Jurisdiction
India
Judgment Date
07 October 2025
Procedural Posture
Special Leave Petition (civil) No. 26593 of 2025 / Judgment (appeal Dismissed on 07.10.2025)
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Obstruction in Execution of Decree, Specific Performance, Permanent Injunction, Actus Curiae Neminem Gravabit, Order II Rule 2 CPC, Section 53 a Transfer of Property Act
Civil Procedure Property Law Execution Proceedings Equity Execution of Decree Obstruction in Execution of Decree Specific Performance Permanent Injunction +3 more

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Parties

Prem Aggarwal

Appellant

Mohan Singh & Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) No. 26593 of 2025 / Judgment (appeal Dismissed on 07.10.2025)

Legal Issues

  1. 1 Whether the appellant unjustifiably delayed and obstructed execution of the decree
  2. 2 Whether the respondents complied with this Court's direction to pay Rs.2,00,00,000 and were entitled to possession
  3. 3 Whether the appellant could retain possession under Section 53-A of the Transfer of Property Act after dismissal of the suit for specific performance

Ratio Decidendi

The respondents complied with this Court's direction by tendering and depositing the award of Rs.2,00,00,000 within the stipulated period; the appellant unjustifiably obstructed execution and cannot retain possession after the suit for specific performance was dismissed and compensation awarded; therefore warrants of possession with police assistance were properly directed and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Warrants of possession to be issued with police assistance (executing courts and High Court direction affirmed)