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.