HANIF AZAMI ELIY ASAZAMI versus SHABANA MOHSIN GHAZI @ SHAIKH AND ANR.

Balancing equities, continuation of interim protection is directed till disposal of the suit; High Court's factual findings are not determinative and Trial Court is to dispose of the suit at an early date.

Parties: Appellant: Hanif Azami Eliyas Azami; Respondent No.1: Shabana Mohsin Ghazi @ Shaikh; Respondent No.2: Respondent No.2 (husband of Respondent No.1)
Jurisdiction: India
Judgment Date: 01 August 2006
Procedural Posture: Civil Appeal / Appeal Before Supreme Court From High Court Judgment
Outcome: Appeal disposed of
Legal Topics: Co Ownership, Transfer of Property, Interim Injunction, Power of Attorney

Property Law Co Ownership Transfer of Property Interim Injunction Power of Attorney

Case Brief

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Parties

Hanif Azami Eliyas Azami

Appellant

Shabana Mohsin Ghazi @ Shaikh

Respondent No.1

Respondent No.2 (husband of Respondent No.1)

Respondent No.2

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From High Court Judgment

Legal Issues

1 Whether the Appellant has valid possession as purchaser under an agreement executed by Respondent No.2 as attorney for Respondent No.1
2 Whether the ad-interim order of status quo granted by the trial Court was justified
3 Whether appointment of receiver and delivery of possession to Respondent No.1 was warranted

Ratio Decidendi

Court Disposition

Appeal disposed of

Orders

Trial Court directed to dispose of the suit at an early date, not later than December 2006
Interim order of protection to continue till disposal of the suit