Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit-Administration of estate of deceased - Notice of motion in suit - On facts before the Division Bench of the immovable properly in favour of the present appellant- However 4B and 5 in the suit for enforcement and implementation of certain orders passed by the Court on consent of the parties to the suit - Order passed by High Court giving directions for confirmation of.the sale and execution of the conveyance deed etc. Notice of motion taken by defendants nos. 4A 4B the Defendant Nos. 4A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit-Administration of estate of deceased - Notice ofmotion in suit - On facts, Notice of motion taken bydefendants nos. 4A, 4B and 5 in the suit for enforcementand implementation of certain orders passed by the Courton consent of the parties to the suit - Order passed by HighCourt giving directions for confirmation of.the sale andexecution of the conveyance deed etc., of the immovableproperly in favour of the present appellant- However; beforethe Division Bench, the Defendant Nos. 4A, 4B and 5 soughtwithdrawal of the Notice of Motion filed by them in the suit-Division Bench permitted withdrawal of the Notice of Motionat the instance of the said defendants and held that the orderof the Single Judge does not survive for considerationrendering the appeal infructuous - On appeal, held: In theOrder; the Single Judge while allowing the Notice of Motionhad held that the highest offer made by the appellant stoodaccepted by all the parties to the suit and thereafter passedcertain directions- Thus, a vested right was created in favourof the appellant and that cannot be set at naught simply bypermitting the defendants to withdraw the Notice of Motionfiled by them - Division Bench was to decide the appeal onmerits instead of permitting the withdrawal of the Notice ofMotion and observing that the order of the Single Judgepassed on that Motion does not survive for consideration -Order passed by the High Court not sustainable and is setaside. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2015 INSC 753 |
Petitioner | Avenue Supermarts Pvt. Ltd. |
Respondent | Mrs. Nischint Bhalla & Ors. |
SCR | [2015] 11 S.C.R. 556 |
Judgement Date | 2015-10-08 |
Case Number | 8397 |
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