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Supreme Court of India 2019-04-15 allowed

Om Prakash Ram vs State of Bihar & Ors. etc

Bench: 2 — Mohan M. Shantanagoudar

In Brief

A property dispute spanning decades involved an ex-parte judgment that was later set aside. The successful party in the original case used that now-void judgment to obtain a demarcation order and possession through a writ petition and contempt proceedings—without notifying the appellant, and while concealing that the judgment was under challenge. The Supreme Court held that all orders based on the overturned ex-parte decree must be quashed. Since the underlying suit was ultimately dismissed and the ex-parte decree was set aside, the appellant was entitled to restoration of possession. The Court set aside the demarcation order, writ petition order, contempt order, and subsequent High Court orders denying relief.

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Property Law Civil Procedure Demarcation Ex-parte Decrees Restitution of Possession Contempt of Court Natural Justice Writ Jurisdiction Review and Revisional Jurisdiction

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