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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 case concerns an execution dispute arising from a compromise decree in an eviction suit under the Maharashtra Rent Control Act, 1999. The defendant-appellants failed to vacate premises as agreed. The Executing Court found the execution application maintainable, but the Revisionary Court remanded it for fresh consideration and allowed additional documents to be filed. The High Court restored the Executing Court's order. The Supreme Court held the appeals partly allowed, setting aside both the Revisionary Court and High Court orders. It remanded to the Revisionary Court to decide the revision afresh on merits, observing that remand was unwarranted since all objections were already decided, additional documents were immaterial, and the Revisionary Court should have applied established legal principles to decide the issue.

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Rent Control Law Execution of Decrees Revisionary Jurisdiction Code of Civil Procedure High Court Supervisory Jurisdiction Eviction Change of User

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