Supreme Court · 2019 INSC 144 · Decided 5 February 2019
Asgar & ORS. v. Mohan Varma & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 144 · [2019] 2 S.C.R. 664
- Case number
- CIVIL APPEAL No. 1500/2019
- Decided
- 5 February 2019
- Bench
- D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11, 97to101
Headnote
Code of Civil Procedure, 1908 - Explanation IV to s.11 and Or.XXI rr.97 to 101 - Constructive Res judicata - Respondents instituted Execution Petition for delivery of possession of Schedule 'B' property - Application by appellants were entitled to possession of the property as lessees and were not liable to be dispossessed - Application allowed by the District Court - However, High Court dismissed the claim of appellants - SLP was also dismissed - Appellants instituted fresh proceedings and sought
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