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september 2018

Supreme Court of India · 2018-09-19

Rekha Gurunath Mhashelkar vs Yashwant Vichare

Citation / case number
AIRONLINE 2018 SC 772
Court
Supreme Court of India
Petitioner
Rekha Gurunath Mhashelkar
Respondent
Yashwant Vichare
Author
Kurian Joseph
Bench
Sanjay Kishan Kaul, Kurian Joseph

Judgment text excerpt

The Supreme Court addressed the issue of eviction in a summary suit under Order IX Rule 13 CPC, affirming the trial court's decision to allow the respondent's application to set aside an ex-parte decree. The Court clarified that the findings in the impugned orders would not impede the respondent's right to appeal to the High Court. The Court also ordered that possession restored to the appellant would remain until the High Court issues a final order, thereby ensuring the appellant's interim possession is protected pending further legal proceedings.

Rekha Gurunath Mhashelkar vs Yashwant Vichare · Niyam