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april 2010

Supreme Court of India · 2010-04-21

Shanti Budhiya Vesta Patel & Ors vs Nirmala Jayprakash Tiwari & Ors

Citation / case number
AIR 2010 SUPREME COURT 2132
Court
Supreme Court of India
Petitioner
Shanti Budhiya Vesta Patel & Ors
Respondent
Nirmala Jayprakash Tiwari & Ors
Author
Mukundakam Sharma
Bench
Mukundakam Sharma, R.M. Lodha

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellants' applications to recall a consent order, affirming that the appellants, as legal representatives of Budhiya Vesta Patel, could not claim ownership of the suit property by adverse possession under Section 28 of the Limitation Act, 1963. The Court established that initial permissive possession negates the claim of adverse possession. The judgment reinforced the principle that consent decrees are binding and cannot be easily set aside without sufficient grounds.

Shanti Budhiya Vesta Patel & Ors vs Nirmala Jayprakash Tiwari & Ors · Niyam