LALDHARI MISTRI(DEAD) THR. LRS. vs VIJAY KUMAR — C.A. No. 5780/2008
Case under Section XVI. Status: Disposed.
CNR: SCIN010019912006
Filing Date
19-Jan-2006
Registration No
C.A. No. 5780/2008
Diary Number
1991/2006
Order Date
13-Jul-2017
Document Type
ROP - of Main Case
Neutral Citation
2017 INSC 611
Disposal Type
Allowed
Last updated 16-Jun-2026
Acts & Sections
Petitioner(s)
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1.LALDHARI MISTRI(DEAD) THR. LRS.
Adv. GAURAV AGRAWAL (Dead / Retired / Elevated)
Respondent(s)
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1.VIJAY KUMAR
Adv. SAMIR ALI KHAN
Case History
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Case disposedDisposed
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13-Jul-2017
ROP - of Main CaseView PDF
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13-Jul-2017
Judgement - of Main CaseView PDF
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13-Jul-2017
Ordinary
Hon'ble Mr. Justice Rohinton Fali Nariman and Hon'ble Mr. Justice Sanjay Kishan Kaul
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12-Jul-2017
First hearing
Initial hearing scheduled
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16-Feb-2012
ROP - of Main CaseView PDF
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06-Feb-2012
ROP - of Main CaseView PDF
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15-Sep-2008
ROP - of Main CaseView PDF
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18-Aug-2008
ROP - of Main CaseView PDF
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21-Jul-2008
ROP - of Main CaseView PDF
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24-Mar-2008
ROP - of Main CaseView PDF
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11-Feb-2008
ROP - of Main CaseView PDF
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28-Jan-2008
ROP - of Main CaseView PDF
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07-Dec-2007
ROP - of Main CaseView PDF
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24-Sep-2007
ROP - of Main CaseView PDF
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02-Aug-2007
ROP - of Main CaseView PDF
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19-Jan-2006
Case filed
Registration No. C.A. No. 5780/2008
Case Summary: C.A. No. 005780/2008 Outcome: The Supreme Court allowed the appeal and set aside the ex-parte decree dated 09.06.1987, directing that Suit No. 14 of 1986 (a specific performance suit regarding a residential property in Munger, Bihar) be decided on merits. Status quo possession continues until final judgment. Key Facts & Reasoning: The Court found that respondent Vijay Kumar was a "doubtful entity" who never appeared in court despite multiple directives and was not present at the property during two separate commissioner visits—only the original tenant's daughter was found there. The Court concluded Kumar was likely put up by the tenant to obstruct the landlord's eviction decree obtained in 1992, and in the interest of justice, overturned three lower court dismissals. Next Steps: The trial court (Sub-Judge, Munger) must hear and dispose of the suit within one year from the judgment date (13 July 2017). This case analysis is maintained by casestatus.in based on publicly available court records.
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