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.