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july 2009

Supreme Court of India · 2009-07-31

Vasudev Shenoy vs Kshemavathy & Ors

Court
Supreme Court of India
Petitioner
Vasudev Shenoy
Respondent
Kshemavathy & Ors
Bench
J.M. Panchal, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the respondents had no legal justification for retaining possession of the property, as they had repossessed it unlawfully. The Court emphasized that the inherent power under Section 151 of the CPC cannot be invoked by the executing Court to deliver property again after recording delivery. The Court exercised its jurisdiction under Article 142 of the Constitution, directing that the appellant be restored to possession of the property within four weeks and awarded costs of Rs. 50,000. The appeal was allowed.

Vasudev Shenoy vs Kshemavathy & Ors · Niyam