#symbolic possession

Bombay High Court rules that banks must adjust insurance death benefits towards outstanding loans before invoking SARFAESI Act recovery proceedings. The judgment protects dependents' shelter rights by mandating compliance with insurance policy terms, preventing arbitrary possession of secured assets.

The Punjab and Haryana High Court has ruled that issuing symbolic possession during a pending appeal against an ex-part decree undermines the very purpose of appellate review. Where a stay application is sub judice and the decree’s validity is contested under Order IX Rule 13 CPC, execution must halt to prevent irreparable erosion of the appellant’s statutory rights.

Punjab and Haryana High Court holds that symbolic possession alone cannot establish title or justify overriding prior possession; benami claims and procedural irregularities warrant interim protection.