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Jayendra Awad v. Nivedita Sharma

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 13935 of 2015)Decided 30 Nov 2015
Civil Appeal No. 13935 of 2015
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

This order sends the case back; it does not decide the dispute. This was a civil appeal against a High Court order. The order does not state what the underlying dispute was about.

Decision Breakdown

This is not a final decision on the dispute. By its order of 30 November 2015, the Court set aside the High Court's order in light of its decision in Prakash and Others v. Phulavati and Others. It sent the appeal back to the High Court for a fresh decision on merits in accordance with law and fixed 14 December 2015 for the parties to appear there.

Lesson Learnt

There is no final ruling yet on the appeal. The High Court must decide the merits afresh.

Official source (sci.gov.in)View Judgment (PDF)

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