Supreme Court of India · 2004-04-30
Yeshwant Sakhalkar And Anr. vs Hirabat Kamat Mhamai And Anr.
- Citation / case number
- 2004(9)SCALE38
- Court
- Supreme Court of India
- Petitioner
- Yeshwant Sakhalkar And Anr.
- Respondent
- Hirabat Kamat Mhamai And Anr.
- Bench
- S.B. Sinha, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the High Court's jurisdiction under Article 227 of the Constitution of India in the context of a dispute over an interim injunction related to a tenancy. The Court held that the High Court's interference was justified as the trial court's interim order was set aside without proper consideration of the tenants' rights under Section 115 of the Code of Civil Procedure. The judgment clarified that the High Court retains the authority to review lower court decisions when substantial questions of law are involved, thereby upholding the High Court's decision to allow the writ petition.