V. HUCHESWARAN versus MADRAS HARDWARE MART

V. HUCHESWARAN versus MADRAS HARDWARE MART

After withdrawal of SLP by the appellant, the order conveying his share to the respondent/decree-holder attained finality. Therefore, restitution to a position prior to execution of the decree does not arise, and the High Court's order stands.

Parties
Appellant: V. Hutcheswaran; Respondent: Madras Hardware Mart
Jurisdiction
India
Judgment Date
18 October 2005
Procedural Posture
Civil Appeal / Appeal From Order of Madras High Court in C.r.p. Nos. 711/93 and 7 of 1995
Outcome
Appeal dismissed
Legal Topics
Restitution, Execution of Decree, Limitation, Partition Suit
Civil Procedure Restitution Execution of Decree Limitation Partition Suit

Case Brief

Summary, issues, holding and outcome

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Parties

V. Hutcheswaran

Appellant

Madras Hardware Mart

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Madras High Court in C.r.p. Nos. 711/93 and 7 of 1995

Legal Issues

  1. 1 Whether the High Court erred in condoning the delay in filing the execution petition.
  2. 2 Whether the appellant/judgment-debtor is entitled to restitution after the withdrawal of the Special Leave Petition.

Ratio Decidendi

After withdrawal of SLP by the appellant, the order conveying his share to the respondent/decree-holder attained finality. Therefore, restitution to a position prior to execution of the decree does not arise, and the High Court's order stands.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.