Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2004

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.

Yeshwant Sakhalkar And Anr. vs Hirabat Kamat Mhamai And Anr. · Niyam