Ashok vs Padam Chand - 2026 Supreme(SC) 638

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 638

J. K. MAHESHWARI, ATUL S. CHANDURKAR
Ashok – Appellant
Versus
Padam Chand – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Nikhil Singhvi, Adv. Mr. Sanyam Kumar, Adv. Mr. Utkarsh Kokcha, Adv. Mr. Prashant Shukla, Adv.
For the Respondent(s): Mr. Divyakant Lahoti, AOR Ms. Vindhya Mehra, Adv. Ms. Samridhi Bhatt, Adv. Mr. Kartik Lahoti, Adv. Ms. Praveena Bisht, Adv. Ms. Shreya Gokel, Adv. Mr. Siddharth Tripathi, Adv. Ms. Akanksha Soni, Adv. Ms. Shubheksha Dwivedi, Adv. Mr. N.K. Mody, Sr. Adv. Ms. Ishita M Puranik, Adv. Ms. Jigisha Agarwal, Adv. Ms. Aniya, Adv. Mr. Praveen Swarup, AOR

JUDGMENT :

J.K. MAHESHWARI, J.

1. Leave Granted.

2. The Appellants herein assail the judgment and final order dated 30.01.2025 passed by the High Court of Madhya Pradesh, Bench at Gwalior (hereinafter ‘High Court’) in First Appeal No. 252/2010. By the impugned judgment, the High Court affirmed the decree of the Xth Additional District Judge, Gwalior (hereinafter ‘Trial Court’) dated 22.07.2010, which dismissed the Appellants’ suit for possession and mesne profits mainly on the premise that an earlier arbitration award in relation to the same suit property had attained finality.

3. For the sake of convenience, the parties shall hereinafter be referred to in accordance with their status before the Trial Court, i.e. the Appellants as the Plaintiffs and the Respondents as the Defendants.

FACTUAL BACKDROP

4. It is the case of the Plaintiffs that the suit property, a three-storey commercial-cum-residential building situated at Sarafa Bazar, Lashkar, Gwalior was sold to one Pandit Krishna Biharilal by Smt. Patto vide registered sale deed date d. 24.07.1941. By a Mortgage Deed dated 19.10.1948, Krishna Biharilal mortgaged the suit property in favour of one Baburao Suryavanshi in lieu of certai

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2026 Supreme(SC) 638

J. K. MAHESHWARI, ATUL S. CHANDURKARAshok – AppellantVersusPadam Chand – Respondent

Cases Referred (4)

J. K. MAHESHWARI, ATUL S. CHANDURKAR
Ashok – Appellant
Versus
Padam Chand – Respondent