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Supreme Court of India 2019-07-22 disposed

Fazalullah Khan vs M. Akbar Contractor (D) by Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court clarified that an interim order (stay) granted during a pending appeal does not automatically expire after six months merely due to the passage of time. In this case, concerning specific performance of an agreement and tenancy rights, the Court held that interim relief continues to operate throughout the pendency of the appeal unless expressly vacated by the Court. The revisional court cannot proceed on the assumption that interim protection has lapsed simply because six months have elapsed. The application was disposed of accordingly.

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Civil Procedure Interim Relief Specific Performance Tenancy Appellate Practice

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