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january 1996

Supreme Court of India · 1996-01-17

PADANATHIL RUAMINI AMMA vs P.K. ABDULLA

Citation / case number
SC 1995/64185
Court
Supreme Court of India
Petitioner
PADANATHIL RUAMINI AMMA
Respondent
P.K. ABDULLA
Author
Sujata V. Manohar
Bench
MANOHAR SUJATA V.

Judgment text excerpt

The Supreme Court addressed the restitution of property following the setting aside of an ex parte decree under Order IX, Rule 13 of the Civil Procedure Code. The Court held that once the ex parte decree was annulled, the original owner, represented by the Tarwad, was entitled to restitution of the property, which had been wrongfully possessed by the decree-holder. The Court affirmed the lower courts' decisions that confirmed the proper re-delivery of the property to the Tarwad, thereby dismissing the appeal of P.K. Abdulla who claimed continued possession.

PADANATHIL RUAMINI AMMA vs P.K. ABDULLA · Niyam