SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(SC) 749

PANKAJ MITHAL, R. MAHADEVAN
Choudappa – Appellant
Versus
Choudappa Since Deceased by LRs. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: C. Nageswara Rao, Vikram Hegde, Chitwan Sharma.
For the Respondents: Ameet Deshpande, Akshat Shrivastava, Satvic Mathur.

ORDER :

1. Heard learned senior counsel for the parties.

2. The challenge in the present special leave petition is to the revisional order dated 22nd July, 2022 passed by the High Court dismissing the revision of the petitioners arising from the rejection of their application alleged to have been filed under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’).

3. A suit for recovery of possession and for correction of mutation entries was filed by the respondents in the year, 1963 and it was decreed on 12.07.1973. The said judgment, order and decree specifically directs for holding an inquiry regarding mesne profits from the date of the suit i.e., 24.09.1963 in accordance with Order XX Rule 12, C.P.C. The aforesaid judgment, order and decree of the Court of first instance attained finality with the dismissal of the appeal filed by the petitioners in the year, 1980.

4. The respondents applied for the execution so as to obtain possession of the suit land sometime in the year, 1993 and after going through the entire exercise of execution, issuance of warrant for possession, the respondents were put into possession of the suit land property in the year, 2005.

5. I


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top