Supreme Court · 1991 INSC 349 · Decided 20 December 1991

SMT. Parvatibai Subhanrao Nalawade v. Anwarali Hasanali Makani and ORS. ETC.

Court
Supreme Court of India
Citation
1991 INSC 349 · [1991] SUPP. 3 S.C.R. 558
Case number
CIVIL APPEAL No. 5061/1991
Decided
20 December 1991
Bench
L.M. SHARMA, J.S. VERMA, S.C. AGRAWAL (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 21; Constitution

Headnote

Code of Civil Procedure, 1908: Order 21, Rule 97-0bstruction to execution of consent decree for recovery of possession of premises by the tenant-Writ Petitions IJy Obstruc- -~ c tionists-Maintainability of-Whether High Court justified in entertaining the Petitions and deciding merits of dispute 1950: D Articles 226 and 227-Dispute relating to immovable property governed by ordinary civil law-Whether High Court could exercise its special jurisdic- tion. In terms of the consent decree passed by the trial court in the suit for eviction of the tenant-the' appellant's deceased father-from

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