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july 2017

Supreme Court of India · 2017-07-31

RAJA VENKATESWARLU vs MADA VENKATA SUBBAIAH

Citation / case number
SC 2014/33633
Court
Supreme Court of India
Petitioner
RAJA VENKATESWARLU
Respondent
MADA VENKATA SUBBAIAH
Author
HON'BLE MR. JUSTICE KURIAN JOSEPH
Bench
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that the Execution Court has jurisdiction to grant police protection under Section 151 CPC, even if the application was not filed under the specific provision of Order XXI, Rule 32 CPC. The Court emphasized that the lack of precise invocation of a provision should not invalidate the application if the Execution Court has jurisdiction and the procedure has been followed. The High Court's interference was deemed inappropriate, leading to the restoration of the Execution Court's order and allowing the appeal.

RAJA VENKATESWARLU vs MADA VENKATA SUBBAIAH · Niyam