enforcement of order - The Legal Chamber

This Supreme Court judgment clarifies that the doctrine of merger is not of universal application. It holds that where the Supreme Court permits withdrawal of an intra-court appeal, the parties revert to the status under the original High Court Single Judge order. Consequently, contempt for its violation lies before the High Court, not the Supreme Court. Facts Of The Case: The petitioner, M/s Khurana Brothers, initially challenged an order of a Single Judge of the Uttarakhand High Court by filing an intra-court appeal before a Division Bench. While the Division Bench dismissed this appeal, it made certain observations that, according to the petitioner, worsened its legal position compared to the Single Judge's order. The petitioner then sought and was granted leave to appeal to t...

The Supreme Court affirmed the executability of a warrant of possession, ruling that a party who receives substantial monetary compensation in lieu of specific performance cannot retain possession of the property. The Court held that equity prevents unjust enrichment and that execution proceedings exist to enforce judgments, not to facilitate windfalls for unscrupulous litigants. Facts Of The Case: On 12.06.1989, the defendants agreed to sell a property to the plaintiff for ₹14,50,000, with ₹25,000 paid as earnest money. Possession of the vacant ground floor was handed over to the plaintiff. In 1990, the plaintiff first filed and withdrew a suit for permanent injunction. Subsequently, in June 1990, the plaintiff filed a suit for specific performance, which was decreed by the Trial Court ...

Tag: enforcement of order

Supreme Court Explains Why: Can’t File Contempt in Supreme Court for Violating High Court Order

Specific Performance Suit Fails: Supreme Court Explains Why Buyer Must Vacate Despite Long Possession