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january 2024

Supreme Court of India · 2024-01-12

Asma Lateef vs Shabbir Ahmad

Court
Supreme Court of India
Petitioner
Asma Lateef
Respondent
Shabbir Ahmad
Author
Dipankar Datta
Bench
Aravind Kumar, Dipankar Datta, B.R. Gavai

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the Revisional Court's order was justified as the objections raised under Section 47 CPC regarding the executability of the decree were found to be maintainable. The Court emphasized that the appropriate forum must adjudicate the rights concerning the suit property, as per the provisions of Section 38 of the Specific Relief Act, 1963. The appeal against the High Court's decision was dismissed, affirming the need for proper adjudication of property rights.

Asma Lateef vs Shabbir Ahmad · Niyam