Supreme Court · 2009 INSC 996 · Decided 3 August 2009
H.V. Vedavyasachar v. Shivashankara & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 996 · [2009] 12 S.C.R. 268
- Case number
- CIVIL APPEAL No. 5201/2009
- Decided
- 3 August 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act Section 6
Headnote
Code of Civil Proc,9dure, 1908 - 0.41 r. 27 - Suit for permanent and mar.datory injunction - Decreed - In appeal, c application for adducing additional evidence - Appellate court allowing the application remanding the matter to trial court for fresh disposal after recording the evidence - On the suit being uls 6 of the Specific Relief Act - Held : Appeal was maintainable as suit was not D under Specific Relief Act - However, Appellate Court while allowing the application, could not have remanded the entire matter for disposal - It could have recorded or could have ~ directed the
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