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september 2018

Supreme Court of India · 2018-09-26

Hiya Associates vs Nakshatra Properties Pvt. Ltd.

Citation / case number
AIRONLINE 2018 SC 757
Court
Supreme Court of India
Petitioner
Hiya Associates
Respondent
Nakshatra Properties Pvt. Ltd.
Author
Abhay Manohar Sapre
Bench
Mohan M. Shantanagoudar, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court upheld the decision of the High Court which restored the Executing Court's order allowing the execution of a consent decree under the Maharashtra Rent Control Act, 1999, specifically citing Section 16(1)(n) regarding unauthorized user of premises. The Court established that a consent decree is executable even if objections regarding maintainability are raised by the defendants. The appellants' failure to vacate the premises as per the consent terms led to the execution application being deemed maintainable, affirming the High Court's ruling.

Hiya Associates vs Nakshatra Properties Pvt. Ltd. · Niyam