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.