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    <title>2003 (9) TMI 794 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=189210</link>
    <description>An undertaking recorded in a consent order was construed strictly and by reference to the operative part of the earlier order, so it restrained execution of the eviction decree only until the decision of the specific performance suit and not until every further stage of challenge had ended. Judicial orders and recorded undertakings were held not to be read like statutes, and the doctrine of merger or the notion that an appeal continues the suit could not enlarge the undertaking&#039;s scope. Because the claim based on part performance had already been negatived, the occupants could not continue resisting eviction merely because the separate suit had proceeded further. The undertaking therefore did not bar execution, and the stay could not stand.</description>
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    <pubDate>Thu, 18 Sep 2003 00:00:00 +0530</pubDate>
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      <title>2003 (9) TMI 794 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=189210</link>
      <description>An undertaking recorded in a consent order was construed strictly and by reference to the operative part of the earlier order, so it restrained execution of the eviction decree only until the decision of the specific performance suit and not until every further stage of challenge had ended. Judicial orders and recorded undertakings were held not to be read like statutes, and the doctrine of merger or the notion that an appeal continues the suit could not enlarge the undertaking&#039;s scope. Because the claim based on part performance had already been negatived, the occupants could not continue resisting eviction merely because the separate suit had proceeded further. The undertaking therefore did not bar execution, and the stay could not stand.</description>
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      <pubDate>Thu, 18 Sep 2003 00:00:00 +0530</pubDate>
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