Supreme Court of India · 2024-09-10
Khursheed vs Shaqoor
- Citation / case number
- 2024 INSC 764
- Court
- Supreme Court of India
- Petitioner
- Khursheed
- Respondent
- Shaqoor
- Author
- Sudhanshu Dhulia
- Bench
- Sudhanshu Dhulia
Judgment text excerpt
The Supreme Court addressed the jurisdictional bar of Civil Courts under Section 5(2)(a) and Section 49 of the U.P. Consolidation of Holdings Act, 1954, determining that a pending civil suit for cancellation of a 'voidable' sale deed does not abate upon the publication of a consolidation notification. The Court held that the jurisdiction of Civil Courts is not ousted in cases involving 'voidable documents', thereby affirming the High Court's decision that allowed the suit to proceed. This ruling clarifies the distinction between 'void' and 'voidable' documents under the Consolidation Act.