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.