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of <h1>Supreme Court reverses High Court order, dismisses writ petition, orders costs payment. Emphasizes expedited resolution in eviction cases.</h1> <h3>Hameed Kunju Versus Nazim</h3> Hameed Kunju Versus Nazim - 2017 (8) SCC 611 Issues Involved:1. Legitimacy of the High Court's interference under Article 227.2. Validity of the eviction order passed by the Trial Court.3. Execution of the eviction decree and delivery of possession.4. Respondent's applications for setting aside eviction and redelivery of possession.5. High Court's directions to the Trial Court.Detailed Analysis:1. Legitimacy of the High Court's Interference Under Article 227:The Supreme Court found that the High Court erred in entertaining the Respondent's writ petition under Article 227 of the Constitution. It was held that the High Court should have dismissed the writ petition in limine due to the availability of an alternative remedy of appeal. The High Court's supervisory jurisdiction was improperly exercised, as the Respondent had not exhausted the appellate remedy available to him.2. Validity of the Eviction Order Passed by the Trial Court:The eviction order dated 31.07.2014 was deemed valid. The Respondent was aware of the eviction proceedings and had contested them at every stage. The Trial Court was justified in passing the eviction order on merits, as the Respondent failed to appear despite being served notices. The Supreme Court emphasized that the Respondent's absence did not invalidate the eviction proceedings.3. Execution of the Eviction Decree and Delivery of Possession:The eviction decree was executed, and possession was delivered to the Appellant in accordance with Order 21 Rule 35 of the Code. The Supreme Court noted that once possession had been delivered and the decree recorded as satisfied, the litigation had effectively ended. The High Court should have recognized this and refrained from intervening.4. Respondent's Applications for Setting Aside Eviction and Redelivery of Possession:The Respondent's applications, including those for setting aside the eviction order and seeking redelivery of possession, were found to be an abuse of the court process. The Supreme Court held that these applications were devoid of merit and should have been dismissed by the High Court. The Respondent's failure to contest the proceedings post-remand and his subsequent applications were seen as attempts to delay the process.5. High Court's Directions to the Trial Court:The Supreme Court criticized the High Court for issuing directions to the Trial Court to 'allow' specific applications filed by the Respondent. This was seen as an overreach of the High Court's supervisory jurisdiction under Article 227, as it curtailed the judicial powers of the Trial Court. The High Court should have remanded the case without directing the Trial Court to pass specific orders.Conclusion:The Supreme Court allowed the appeal, set aside the High Court's order, and dismissed the Respondent's writ petition. The Respondent was ordered to pay costs of Rs. 25,000 to the Appellant. The Supreme Court underscored the importance of speedy disposal of eviction cases, especially those involving the landlord's bona fide need.
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