Supreme Court · 2004 INSC 226 · Decided 2 April 2004
Sanjay Kumar Pandey and ORS. v. Gulbahar Sheikh and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 226 · [2004] 3 S.C.R. 735
- Case number
- CIVIL APPEAL No. 2040/2004
- Decided
- 2 April 2004
- Bench
- R.C. LAHOTI, ASHOK BHAN (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Specific Relief Act Section 6
Headnote
Specific Relief Act, 1963: S.6-Suit-Decreed--Remedy against-Plaintiffs filed suit under s.6 complaining of their dispossession from immoveable property-Suit decreed- ' C Defendant's revision u!s J 15 CPC allowed by High Court and suit dismissed­ Held, the remedy of a person unsuccessful in a the event of his succeeding he will be entitled to recover possession of the property, notwithstanding the adverse decision under s.6--The remedy.of filing a revision is available but that is only by way of an exception, for the High Court would D not interfere with a decree or order under s. 6
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