VidhiSangh

Supreme Court of India · 25/09/2025

SINGAMASETTY BHAGAVATH GUPTHA & ANR. versus ALLAM KARIBASAPPA (D) BY LRS./ALLAM DODDABASAPPA (D) BY LRS. & ORS.

[2025] 9 S.C.R. 1539 · 2025 INSC 1159

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Summary

The Supreme Court restored the District Court's order dismissing a partner's application to acquire, through the official receiver, the insolvent appellant's one-anna share in a partnership firm. The High Court wrongly treated the receiver's 1983 transfer deed as saved by Section 37 of the Provincial Insolvency Act, 1920, although the order underlying that deed had itself been set aside and remanded, and it reversed the District Court's finding that the offer and acceptance documents were fabricated without re-appreciating the evidence.

Issues

  1. Whether a transfer deed executed by the official receiver, whose underlying court order was later set aside and remanded, is saved under Section 37 of the Provincial Insolvency Act, 1920 after annulment of the adjudication.
  2. Whether the High Court, as first appellate court, could reverse the District Court's finding that the documents of offer and acceptance were fabricated without analysing the evidence.
  3. Whether the respondents' appeals challenging the High Court's finding on the appellant's mother's half-anna share survived.

Provisions considered

Held

Result

Civil Appeal Nos. 12048-12049 of 2018 allowed; High Court judgment set aside and the District Court's order of 16.02.2004 restored. Civil Appeal Nos. 12050-12053 of 2018 dismissed.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 1539.