Supreme Court · 2025 INSC 175 · Decided 17 January 2025

Bhudev Mallick Alias Bhudeb Mallick & ANR. v. Ranajit Ghoshal & ORS.

Court
Supreme Court of India
Citation
2025 INSC 175 · [2025] 1 S.C.R. 1598
Case number
CIVIL APPEAL No. 2248/2025
Decided
17 January 2025
Bench
J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 51, 58; Limitation Act Section 136

Headnote

A suit for confirmation of possession or in the alternative recovery of possession and injunction was filed by the predecessor in interest of the Respondents against the predecessor in interest of the Appellants. The suit was decreed and 40 years later, claiming breach of decree of permanent injunction. When the written objections of the Appellants were not accepted to the same by the Trial Court, a Revision Application was filed before High court; During its pendency, Trial Court allowed the Execution Application ex-parte and ordered arrest

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