Showing posts with label smaller reliefs. Show all posts
Showing posts with label smaller reliefs. Show all posts

Monday, 13 March 2017

Whether court can grant smaller relief even though larger reliefs are claimed by parties?

Insofar as the submission of the learned counsel for the
defendant that the plaintiffs could not have applied for recovery of
possession of the entire property without impleading the other parties,
who were in possession of the suit property and thus the suit was
bad for non-joinder of necessary parties is concerned, in my view,
even if the plaintiffs had prayed for larger reliefs, the Court has ample
power to mould the reliefs and grant smaller relief.
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.197 OF 2013
WITH
CIVIL APPLICATION NO.526 OF 2013

Shri Shaikh Mustafa Yasin
V
Shri Sharad Ganesh Tisgaonkar
 CORAM : R.D. DHANUKA, J.

 Dated : 13TH OCTOBER, 2016

Citation: 2017(1) MHLJ 358

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