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december 2004

Supreme Court of India · 2004-12-15

SUMITRA DEVI ANAND (D) BY LRS. vs SHANTI DEVI (D) BY LRS.

Citation / case number
SC 2004/8135
Court
Supreme Court of India
Petitioner
SUMITRA DEVI ANAND (D) BY LRS.
Respondent
SHANTI DEVI (D) BY LRS.
Bench
CJI R.C. LAHOTI & G. P. MATHUR

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' appeal against the refusal to grant an injunction under Order XXXIX Rules 1 and 2 CPC, affirming the lower court's decision. The Court noted that the appellants, as legal representatives of Anand, could challenge the eviction decree on grounds of fraud, but the execution of the decree was not stayed. The ruling emphasized the importance of adhering to procedural requirements in eviction matters, particularly in light of the consent order previously recorded by the Rent Controller.

SUMITRA DEVI ANAND (D) BY LRS. vs SHANTI DEVI (D) BY LRS. · Niyam