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.