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january 1995

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.

RAJESWARI AMMA AND ANOTHER vs JOSEPH AND ANOTHER · Niyam