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Supreme Court Restores Heirs’ Title After Execution Courts Ignore Original Grant

The Supreme Court on 26 October 2026 declared Balakrishna’s legal heirs lawful owners and possessors of the disputed Bengaluru site, overturning contrary execution and High Court rulings.

Judge / Bench — Justices Sanjay Kumar and Sanjeev Sachdeva; judgment by Justice Sanjay Kumar.

The Court found that the heirs produced the original 1972 Hakkupatra, while the rival claimant relied on a photocopy. Sporadic tax payments could indicate possession, not title. It also held that objections under Order XXI Rules 97–101 CPC require adjudication like a suit; Rule 101 bars a separate suit. The appeal was allowed and the contrary title decree set aside, with each side bearing its own costs.

Advocates appearing — Appellants — Not named in the judgment; respondents 1 and 2 — Not named in the judgment.

Explore topicsCivil Procedure
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