Jatina Khatoon v. Sk. Najeeb

Supreme Court of India · 17 Aug 2017
Kurian Joseph; R. Banumathi
CIVIL APPEAL NO(S). 7816/2003
civil appeal_dismissed

AI Summary

The Supreme Court condoned delay in substitution application but dismissed the civil appeal, upholding the High Court's order and allowing appellants to raise contentions before the Execution Court.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 7816/2003
JATINA KHATOON & ORS. APPELLANT(S)
VERSUS
SK. NAJEEB (D) THROUGH LRS. & ORS. RESPONDENT(S)
JUDGMENT
KURIAN, J.
Delay in filing the application for substitution
(I.A. No.10/2017) is condoned.

2. Application for substitution of Respondent No.6(b) is allowed.

3. Considering the facts and circumstances of the case, we are not inclined to interfere with the impugned order passed by the High Court and the appeal is, accordingly, dismissed.

4. However, it will be open to the appellants to take all available contentions under law before the Execution Court.

5. Pending applications, if any, shall stand disposed of.

6. There shall be no orders as to costs ........................ J. [KURIAN JOSEPH] ....................... J. [R. BANUMATHI] NEW DELHI; AUGUST 17, 2017.