Supreme Court of India · 1995-01-10
RAJESWARI AMMA AND ANOTHER vs JOSEPH AND ANOTHER
- Citation / case number
- SC 1986/69831
- Court
- Supreme Court of India
- Petitioner
- RAJESWARI AMMA AND ANOTHER
- Respondent
- JOSEPH AND ANOTHER
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing the revision petition against the executing court's order of delivery of possession, as it was common and inseparable among the decree-holders, including the unimpleaded Neelamma Pillai. The Court emphasized that since the order against Neelamma had attained finality, the High Court's reversal of the executing court's order against the other two respondents was incorrect. The appeal was allowed, reinstating the executing court's order without costs.