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Rekha Gurunath Mhashelkar v. Yashwant Vichare

Civil Appeal · 2018 INSC 839Decided 19 Sept 2018
Civil Appeal No. 10658 of 2013
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant (landlady) had obtained an ex-parte eviction decree against the respondent-tenant from the Small Causes Court, Mumbai in 2006, which was later set aside after the respondent's application under Order IX Rule 13 CPC was allowed. While these appeals were pending before the Supreme Court, the Small Causes Court retried the original suit and decreed it again in the appellant's favour, a decision affirmed by the Appellate Bench; the respondent indicated he intended to challenge that fresh decision before the High Court.

Decision Breakdown

The Supreme Court disposed of the connected civil appeals (Nos. 10658/2013 and 10720/2013) by clarifying that none of the observations/findings in the orders under challenge would affect the respondent's right to pursue his remedy before the High Court against the fresh decree. It further directed that possession already restored to the appellant would continue with her, subject to whatever final orders the High Court might pass in the respondent's proposed challenge.

Lesson Learnt

Where facts on the ground change during the pendency of an appeal (such as a fresh decree being passed in parallel proceedings), the Supreme Court can dispose of the appeal by preserving the status quo and leaving the parties free to litigate the live issue in the appropriate forum, rather than deciding stale questions.

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

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