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Supreme Court of India 2021-03-08 dismissed

Debasish Sinha vs Sreejib Sinha & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A landlord successfully obtained a decree for possession that was upheld through all appellate stages. During execution proceedings, the tenant's partner filed objections claiming a partnership business interest, thereby delaying possession for over a decade. The Supreme Court found this conduct to be an abuse of judicial process. It dismissed the special leave petition and imposed sanctions: execution within 15 days, market-rate damages from the date of objection to possession, and a cost award of ₹1 lakh payable within three months, to discourage frivolous prolongation of proceedings.

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Abuse of Process Civil Procedure Execution of Decrees Judicial Conduct Costs and Damages

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