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Supreme Court of India 2019-02-12 allowed

Mahesh Dube vs Shivbodh and Ors

Bench: 2 — Deepak Gupta

In Brief

Prayag Prasad Dube was dispossessed of his house by the respondents and their father through criminal force and trespass in 1985. The Trial Court convicted them under Section 448 IPC and ordered restoration of possession. Decades later, when the application for possession was made, the Trial Court rejected it as filed beyond 30 days. The Supreme Court held that the 30-day limit applies only to fresh restoration orders, not to enforcement of orders already passed at conviction. Since the Trial Court had already directed restoration during conviction, the later application was not time-barred, and the respondents were directed to hand over possession within one month."

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Criminal Law Criminal Procedure Property Restitution Trespass

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