Legal Analysis: Challani Ginning And Pressing Factory vs. Kamal

Citation: 2026 INSC 426
Court: Supreme Court of India
Bench: Justice Sanjay Kumar and Justice K. Vinod Chandran (Division Bench)
Judgment Author: Per curiam (order)
Date of Decision: April 23, 2026
Nature of Judgment: Civil Appeal under Article 136 of the Constitution of India against High Court order in second appeal under Section 100 CPC.

Synopsis of the Judgment

The appellant (decree holder) obtained a decree for refund of ₹1.45 crores with interest in a suit for specific performance (the prayer for specific performance was declined, but refund was ordered). The execution petition was filed, and the suit property was attached in 2017. After several failed objections by the judgment debtor and his assignees, the mother of the judgment debtor filed an objection claiming 1/3 share in the property as a joint family property. She claimed that she had been in possession of the property and came to know of the proceedings only in 2025. The Executing Court and the First Appellate Court rejected the objection. The High Court, in second appeal, allowed the objection, holding that the Executing Court should have framed issues and permitted the objector to lead evidence. The Supreme Court reversed, holding that the objector could not feign ignorance of the suit (she was a director of the company involved) and the delay in raising the objection was fatal. The Court found no substantial question of law, set aside the High Court order, and restored the rejection of the objection. The property was directed to be handed over to the decree holder.

1. Basic Information of the Judgment

Field Details Case Title Challani Ginning and Pressing Factory vs. Kamal Civil Appeal No.6525 of 2026 Bench Justice Sanjay Kumar and Justice K. Vinod Chandran Date of Decision April 23, 2026 Citation 2026 INSC 426 Appeal From Judgment of the High Court (as inferred) in second appeal under Section 100 CPC arising from execution proceedings

2. Legal Framework

Laws Involved:

• Code of Civil Procedure, 1908 (CPC): Order XXI (execution of decrees) – Rules 97, 98, 99, 101 (procedure for adjudicating claims of third parties to attached property; such objections are to be decided by the Executing Court itself without requiring a separate suit), Rule 97(1) (any person claiming interest in attached property may prefer objection), Rule 101 (all questions arising between parties to execution proceedings shall be determined by Executing Court, not by separate suit).

• Specific Relief Act, 1963:&n

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