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december 2018

Supreme Court of India · 2018-12-03

Roshina T vs Abdul Azeez K.T.

Citation / case number
AIR 2019 SUPREME COURT 659
Court
Supreme Court of India
Petitioner
Roshina T
Respondent
Abdul Azeez K.T.
Author
Abhay Manohar Sapre
Bench
Indu Malhotra, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the writ petition filed under Article 226/227 of the Constitution of India by respondent No. 1 for restoration of possession of a flat was not maintainable, as there was a pending civil suit regarding the same matter. The Court set aside the High Court's order directing the restoration of possession, emphasizing that the High Court should have dismissed the writ petition in limine due to the existence of an alternative remedy. Consequently, the appeal was allowed and the writ petition was dismissed.

Roshina T vs Abdul Azeez K.T. · Niyam