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V. Anima Malar v. S. Aadhavan & Ors.

Not available · 2026 INSC 108Decided 20 Jan 2026
Not available
Justice B.V. Nagarathna · Justice Ujjal Bhuyan

Background

A demolition order was obtained via a writ petition while an identical demolition prayer was already pending in a separate civil partition suit over the same family property, and the affected party was never given notice before the writ was decided.

Decision Breakdown

The Supreme Court held pursuing the same relief simultaneously in two forums is an abuse of process, and deciding the writ without notice to an affected party violated natural justice. It dismissed the writ petition and quashed the resulting demolition actions.

Lesson Learnt

A person cannot seek the same relief simultaneously in a writ petition and a separately pending civil suit over the same property; courts must hear all directly affected parties before ordering action against their interests.

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

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