Sunday, 3 December 2017

Whether lis pendens continues after delivery of possession of tenanted premises as per eviction decree?

In our considered view, once the possession had been delivered and decree was recorded as satisfied in accordance with law, the litigation had come to an end leaving no lis pending. In these circumstances, in the absence of any prima facie case having been made out on any jurisdictional issue affecting the very jurisdiction of the Court in passing the eviction decree, the High Court should have declined to examine the legality of four orders impugned therein.

Civil Appeal No. 9151 of 2017 (Arising out of SLP (C) No. 23533/2016)

Decided On: 17.07.2017

 Hameed Kunju Vs. Nazim

Hon'ble Judges/Coram:
Abhay Manohar Sapre and R. Banumathi, JJ.

Citation: AIR 2017 SC 3376.
Read full judgment here: Click here

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