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

august 2009

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.

H.P.Vedavyasachar vs Shivshankara & Anr · Niyam