Supreme Court of India · 2025-05-06
Tahir V. Isani vs Madan Waman Chodankar, (Since ...
- Court
- Supreme Court of India
- Petitioner
- Tahir V. Isani
- Respondent
- Madan Waman Chodankar, (Since ...
- Author
- Vikram Nath
- Bench
- Vikram Nath
Judgment text excerpt
The Supreme Court examined the validity of a High Court order that discontinued a civil enquiry under Order XXI Rules 97 and 101 of the CPC, relying on Order XXI Rule 102. The case involved property rights and procedural aspects of execution proceedings. The Court analyzed whether the High Court's reliance on Rule 102 was justified in setting aside the earlier order and allowing the application for discontinuance. The judgment clarified the scope of Order XXI Rules and procedural correctness in civil execution cases.