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Challani Ginning and Pressing Factory v. Kamal

Civil Appeal · 2026 INSC 426Decided 23 Apr 2026
C.A. No.-006525-006525 - 2026
Justice Sanjay Kumar · Justice K. Vinod Chandran

Background

The appellant had obtained a 2017 decree (in a 2013 suit for specific performance) directing refund of Rs. 1.45 crore with 8% interest from the judgment debtor, after specific performance itself was declined due to the property being mortgaged to a bank. When the money was not repaid, the appellant attached the suit property in execution in 2017. The judgment debtor's mother (the present respondent) then objected, claiming a 1/3rd joint-family share in the property and asserting she only learned of the proceedings in 2025 despite the attachment having been physically affixed at the property back in 2017. The Execution Court and First Appellate Court rejected her objection as not maintainable, but the High Court, in second appeal, reversed that finding and upheld her objection.

Decision Breakdown

The Supreme Court found that the respondent could not plausibly claim ignorance of the suit or execution proceedings, given that she and her sons had run the family businesses together since her husband's death in 1993, that the loan underlying the transaction was taken by a company in which both she and the judgment debtor were directors, and that the attachment notice had been physically affixed at the property in 2017 where she claimed to have been continuously residing. The Court noted the execution proceedings had already been pending for nine years with multiple objections raised and rejected, and characterized this fresh joint-family-property claim (raised only when dispossession became imminent, and unsupported by any evidence) as a deliberate attempt to stall recovery. Finding no basis to sustain the High Court's order, the Supreme Court set it aside and restored the orders of the Executing Court and First Appellate Court rejecting the objection, directing that the property be expeditiously handed over to the decree-holder appellant.

Lesson Learnt

A decree-holder's difficulties often continue well after winning a judgment, as objections can be used to stall execution for years, but courts will scrutinize late-raised claims (like a sudden assertion of joint-family ownership) for genuineness, especially when the objector had clear, longstanding knowledge of the proceedings and produces no real evidence to support the claim.

Official source (sci.gov.in)View Judgment (PDF)

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