SUPREME COURT: STRANGER WHO PURCHASED PROPERTY KNOWING ABOUT APPEAL PENDENCY CANNOT RESIST RESTITUTION AS BONA FIDE PURCHASER SECTION 144 CPC

The Supreme Court in the case Bhikchand S/O Dhondiram Mutha, Deceased Through Lrs. Versus Shamabai Dhanraj Gugale, the Deceased Through Lrs.

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Observed that if after knowing that the decree was likely to be reversed, a stranger auction purchaser, who not party to the proceedings purchases the property in execution of the decree, then he could not claim the protection of being a bona fide purchaser and the principle of restitution would apply in such kind of circumstances.

The court in the case was concerning of the important ruling of the principle of restitution' under Section 144 of the Code of Civil Procedure, 1908, CPC.