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Supreme Court of India 2021-12-07 disposed

Amudhavali & Ors vs P. Rukumani & Ors

Bench: 2 — R. Subhash Reddy, Hrishikesh Roy

In Brief

Landowners executed a power of attorney to sell their land and the attorney completed a registered sale deed to the appellants. The owners later registered a cancellation deed and sued to void the sale. The appellants challenged the cancellation deed by writ petition. The High Court allowed an appeal against the single judge's decision, finding the civil suit pending on identical issues should determine the parties' rights. The Supreme Court affirmed the High Court, holding that where a civil suit is pending between the parties and the appellants have already filed a written statement defending their interest, writ jurisdiction should not be exercised to examine the validity of the cancellation deed. The Court directed that the civil suit be decided on its merits and parties maintain status quo pending that outcome."

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