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SUPREME COURT OF INDIA
Uday Umesh Lalit, K. M. Joseph, JJ.
Nagendra – Appellant
Versus
Ashok & Anr. – Respondents
Review Petition (Civil) No. 463 of 2022 in Special Leave Petition (Civil) No. 1341 of 2021
Decided On : 20-04-2022
specific performance - Civil Procedure Code - [Section 16(c), Section 20, Section 22] - The court affirmed the decree for specific performance passed by the Trial Court, which was upheld by the lower appellate court and the High Court. The Special Leave Petition challenging these decisions was dismissed by the Supreme Court after finding no merit. The review petition was also dismissed as it did not raise any error apparent on record.
Fact of the Case:
The Trial Court's decree for specific performance was affirmed by the lower appellate court and the High Court. The Supreme Court dismissed the Special Leave Petition and the review petition.
Finding of the Court:
The courts affirmed the decree for specific performance and found no merit in the matter. The Supreme Court found no error apparent on record to justify interference.
Issues: Affirmation of decree for specific performance, merit of the matter, error apparent on record
Ratio Decidendi: The courts upheld the decree for specific performance based on the evidence and merits of the case. The Supreme Court dismissed the petitions after finding no error apparent on record.
Final Decision: The review petition was dismissed.
ORDER
1. The order passed by the Trial Court decreeing the suit for specific performance was affirmed by the lower appellate court. The second appeal arising therefrom was dismissed by the High Court finding no merit in the matter.
2. Special leave petition challenging the decisions of the courts below was dismissed by this Court after hearing the counsel. We have gone through the grounds raised in the review petition which do not make out any error apparent on record to justify interference.
3. This review petition is, therefore, dismissed.
Affirmation of decree for specific performance based on evidence and merits of the case.
Courts generally defer to the decisions of lower courts unless there is a clear error on the record.
No review permissible after Supreme Court dismissal of SLP confirming appellate order, absent error apparent.
The court may condone delay in preferring a review petition if the grounds taken do not justify interference.
Points of Law : Special leave petitions against substantive order were dismissed on without any liberty to file a review applications) or approach this Court again in case of an adverse verdict in re....
The court has the discretion to condone a delay in preferring a Review Petition, but the grounds taken must make out an error apparent on record to justify interference.
Special Leave Petition – Only after issue of maintainability is decided upon, can Supreme Court enter into merits of case – No appeal by way of Special Leave Petition against order passed in review i....
The court found no error apparent on record to justify interference with the acquittal affirmed by the High Court.
The court considered the delay in preferring the review petition, the substantial questions of law, and the grounds for the Review Petition in reaching its decision.
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