Supreme Court · 2008 INSC 1146 · Decided 14 October 2008
Vaniyankandy Bhaskaran v. Mooliyil Padinhjarekandy Sheela
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1146 · [2008] 14 S.C.R. 389
- Case number
- CIVIL APPEAL No. 6103/2008
- Decided
- 14 October 2008
- Bench
- ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 103
Headnote
389 ~ VANIYANKANDY BHASKARAN A v. MOOLIYIL PADINHJAREKANDY SHEELA (Civil Appeal No. 6103 of 2008) OCTOBER 14, 2008 B [ALTAMAS KABIR AND MARKANDEY KATJU, JJ] -rr Code of Civil Procedure, 1908- 0 21, r 104- lnterpreta- tion of - Held: Language of r. 104 is clear and unambiguous - Order ulr 101 or performance of contract was filed long after the com- mencement of execution proceedings - Thus, r. 104 not ap- plicable. D \( In year 1990, the respondent No.1 filed suit for re- covery of possession against the appellant and the same was decreed. Appellant filed appeal. During the pendency,
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