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Supreme Court of India 2018-09-26 allowed

Hiya Associates & Ors vs Nakshatra Properties Pvt. Ltd

Bench: 2 — Abhay Manohar Sapre

In Brief

This appeal concerns execution of a compromise decree in a rent control eviction suit. The Executing Court had dismissed the defendants' objections and ordered possession. The Revisionary Court remanded the case to the Executing Court and allowed additional documents. The High Court set aside the Revisionary Court's order and upheld the Executing Court. The Supreme Court held that the Revisionary Court should have decided the revision on merits instead of remanding, and additional documents were immaterial. The Court set aside both orders and remanded to the Revisionary Court to decide afresh on merits within six months, without being influenced by prior observations.

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Execution of Decree Rent Control Revisionary Jurisdiction Eviction Civil Procedure

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