https://www.taxtmi.com/caselaws?id=764863 A court sale deed executed pursuant to an ex parte decree in a specific performance suit lost its foundation once that decree was set aside and no stay protected it. The purchaser could not claim a better title from a sale derived from a decree that no longer survived. Even if strict restitution under Section 144 CPC was unavailable, the trial court could use its inherent power under Section 151 CPC to prevent prejudice caused by an act of court and restore the prior position. The sale deed was therefore set aside and status quo ante restored. en-us Thu, 14 Nov 2024 00:00:00 +0530 Mon, 20 Jan 2025 18:07:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764863 A court sale deed executed pursuant to an ex parte decree in a specific performance suit lost its foundation once that decree was set aside and no stay protected it. The purchaser could not claim a better title from a sale derived from a decree that no longer survived. Even if strict restitution under Section 144 CPC was unavailable, the trial court could use its inherent power under Section 151 CPC to prevent prejudice caused by an act of court and restore the prior position. The sale deed was therefore set aside and status quo ante restored. Case-Laws Indian Laws Thu, 14 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764863