Supreme Court of India · 2009-08-03
H.P.Vedavyasachar vs Shivshankara & Anr
- Citation / case number
- AIR 2010 SC (SUPP) 394
- Court
- Supreme Court of India
- Petitioner
- H.P.Vedavyasachar
- Respondent
- Shivshankara & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the appeal concerning a suit for permanent injunction and restoration of possession under the Code of Civil Procedure, specifically referencing Order XLI Rule 27. The Court held that the appellate court's decision to remand the case for fresh disposal was justified due to the respondents' lack of opportunity to present evidence, thereby ensuring fair trial rights. The outcome was a remand to the trial court for reconsideration of the possession claim without costs awarded.