VidhiSangh

Supreme Court of India · 15/06/2023

M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. versus M. S. MURTHY & ORS. ETC.

[2023] 8 S.C.R. 283 · 2023 INSC 581

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Summary

The Court dismissed the appeals arising from execution disputes in the Khurshid Jah partition suit. The partition decree could not establish the family’s title against independent claimants or justify dispossessing them. Although the Court did not endorse the finding that the preliminary decree was procured by fraud, it found abuse of process. Findings adverse to the State’s independent title claim were expressly held non-binding on it.

Issues

  1. Whether the preliminary partition decree conclusively established title against independent claimants and the State.
  2. Whether fraud could be found without the necessary pleadings and what inquiry was permissible in these execution proceedings.
  3. Whether the obstructionists could resist possession claims founded on the partition decree.
  4. Whether earlier proceedings foreclosed the State’s independent claim.
  5. What relief was available to other purchasers, persons claiming under parties to the suit, and the asset reconstruction company.

Provisions considered

Held

Result

All appeals dismissed. The State’s appeals dismissed with express clarification that the specified adverse title findings were not binding on it. Independent plot purchasers retained the stated protection; it did not extend to those claiming through suit parties or decree assignments. Intervention and impleadment applications dismissed; asset reconstruction company’s lawful remedies against borrowers and mortgagors preserved. Parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2023] 8 S.C.R. 283.