Swamidasan Vs. Kali and ors.

Swamidasan vs Kali and ors.

Type Court Judgment Court Supreme Court of India Decided Jan 13, 2000

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Citation: sooperkanoon.com/666581
Court: Supreme Court of India
Judge: A.S. Anand, C.J.,; S.P. Kurdukar and; R.C. Lahoti, JJ.
Decided On: Jan 13, 2000
Case Number: Civil Appeal No. 352 of 2000 (Arising out of Spl. Leave Petn. (C) No. 15228 of 1988) and Petition(s)
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Civil
Acts & sections: Constitution of India - Article 136

Parties & Advocates

Appellant / Petitioner

Swamidasan

Advocate M.P. Vinod, Adv

Respondent

Kali and ors.

Advocate B.V. Deepak, Adv. for the Respondent No. 1 and ; G. Prakash, Adv. for the Respondent Nos. 2 and 3

Legal References

Acts: Constitution of India - Article 136
Reported In: AIR2000SC1939; JT2000(1)SC191; (2001)9SCC271

Court's Analysis

Prior History: From the Judgment and Order dated 14/07/1997 in SA 120/97 of the High Court of Kerala At Ernakulam

Excerpt

- order1. leave granted.2. after hearing learned counsel for the parties, we are of the opinion that though the order made by the high court has essentially granted relief in equity and no interference is called for at our hands in our jurisdiction under article 136 of the constitution, but in the peculiar facts and circumstances of this case, since the amount of rs. 8,000/-had been deposited by the appellant as early as in 1989, it would be appropriate that the respondent no. 1 should, in addition to depositing a sum of rs. 20,000/-, as directed by the high court vide order dated 14th july, 1997, impugned herein, also pays interest to the appellant, which we quantify as rs. 5,000/- in to. thus, the appellant shall be entitled to receive rs. 25,000/-.3. on the entire amount of rs. 25,000/-being deposited in the trial court within eight weeks from today, the sale shall stand set aside. the bank shall be entitled to withdraw its out standings against respondent no. 1, from out of the amount already deposited by the auction purchaser in the court below.4. the appeal is disposed of in the above terms. no costs.

Full Judgment

ORDER

1. Leave granted.

2. After hearing learned Counsel for the parties, we are of the opinion that though the order made by the High Court has essentially granted relief in equity and no interference is called for at our hands in our jurisdiction under Article 136 of the Constitution, but in the peculiar facts and circumstances of this case, since the amount of Rs. 8,000/-had been deposited by the appellant as early as in 1989, it would be appropriate that the respondent No. 1 should, in addition to depositing a sum of Rs. 20,000/-, as directed by the High Court vide order dated 14th July, 1997, impugned herein, also pays interest to the appellant, which we quantify as Rs. 5,000/- in to. Thus, the appellant shall be entitled to receive Rs. 25,000/-.

3. On the entire amount of Rs. 25,000/-being deposited in the trial court within eight weeks from today, the sale shall stand set aside. The bank shall be entitled to withdraw its out standings against respondent No. 1, from out of the amount already deposited by the auction purchaser in the Court below.

4. The appeal is disposed of in the above terms. No costs.

Same Court & Year Supreme Court of India · 2000 Same Parties Swamidasan vs Kali and ors. Same Subject Civil Same Judge A.S. Anand, C.J.,; S.P. Kurdukar and; R.C. Lahoti, JJ. Acts & Sections Constitution of India - Article 136

Civil