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    <title>1996 (2) TMI 545 - Supreme Court</title>
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    <description>After vesting of an estate in the State under the Orissa Estate Abolition Act, the pre-existing proprietary rights of the former holder stood extinguished and the Civil Court lacked jurisdiction over the disputed property. A decree for recovery of possession passed without such jurisdiction was treated as a nullity, capable of being resisted even at the execution stage, and constructive res judicata did not bar that challenge. The executing court could also refuse to execute the decree because the decree holder no longer retained the proprietary foundation for possession once vesting occurred. The High Court&#039;s direction to execute the decree was therefore unsustainable.</description>
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    <pubDate>Fri, 02 Feb 1996 00:00:00 +0530</pubDate>
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      <title>1996 (2) TMI 545 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=172683</link>
      <description>After vesting of an estate in the State under the Orissa Estate Abolition Act, the pre-existing proprietary rights of the former holder stood extinguished and the Civil Court lacked jurisdiction over the disputed property. A decree for recovery of possession passed without such jurisdiction was treated as a nullity, capable of being resisted even at the execution stage, and constructive res judicata did not bar that challenge. The executing court could also refuse to execute the decree because the decree holder no longer retained the proprietary foundation for possession once vesting occurred. The High Court&#039;s direction to execute the decree was therefore unsustainable.</description>
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      <pubDate>Fri, 02 Feb 1996 00:00:00 +0530</pubDate>
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