Jayendra Awad v. Nivedita Sharma

Supreme Court of India · 16 Oct 2015
Anil R. Dave; Adarsh Kumar Goel
CIVIL APPEAL NO. 13935 OF 2015
civil appeal_allowed Significant

AI Summary

The Supreme Court set aside the High Court's order and remanded the civil appeal for fresh adjudication in accordance with its prior judgment in Prakash & Ors. vs. Phulavati & Ors.

Full Text
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Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13935 OF 2015
(arising out of S.L.P.(Civil) No.35209 of 2011)
JAYENDRA AWAD ... APPELLANT(S)
VS.
NIVEDITA SHARMA AND ORS. ... RESPONDENT(S)
JUDGMENT
Anil R. Dave, J.

1. Leave granted.

2. In view of the judgment of this court dated 16th October, 2015 in Prakash & Ors. vs. Phulavati & Ors., the impugned order is set aside and the appeal is remanded to the High Court for a fresh decision on merits in accordance with law.

3. Parties shall appear before the High Court for further proceedings on 14th December, 2015.

4. The appeal is allowed accordingly. There shall be no order as to costs.

5. Pending applications stand disposed of ............... J. [ANIL R. DAVE] .................. J. [ADARSH KUMAR GOEL] New Delhi;