AVENUE SUPERMARTS PVT. LTD. versus MRS. NISCHINT BHALLA & ORS.

AVENUE SUPERMARTS PVT. LTD. versus MRS. NISCHINT BHALLA & ORS.

Vested rights created in favour of appellant through single judge's order confirming sale cannot be set aside simply by permitting withdrawal of Notice of Motion; Division Bench should decide appeal on merits rather than allowing withdrawal to eliminate vested rights.

Parties
Appellant: Avenue Supermarts Pvt. Ltd.; Respondents: Mrs. Nischint Bhalla & Ors.
Jurisdiction
India
Judgment Date
08 October 2015
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
appeal allowed
Legal Topics
Administration of Estate, Confirmation of Sale, Withdrawal of Motion, Vested Rights
Property Law Civil Procedure Administration of Estate Confirmation of Sale Withdrawal of Motion Vested Rights

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Parties

Avenue Supermarts Pvt. Ltd.

Appellant

Mrs. Nischint Bhalla & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether withdrawal of Notice of Motion by original defendants can nullify vested rights accrued to purchaser as per prior court orders
  2. 2 Whether the Division Bench was justified in permitting withdrawal of Notice of Motion and rendering the appeal infructuous

Ratio Decidendi

Vested rights created in favour of appellant through single judge's order confirming sale cannot be set aside simply by permitting withdrawal of Notice of Motion; Division Bench should decide appeal on merits rather than allowing withdrawal to eliminate vested rights.

Court Disposition

appeal allowed

Orders

  • Order dated 01.03.2012 passed by the High Court set aside
  • High Court directed to decide appeal afresh on merits in accordance with law