Supreme Court Rejects Review Petition in Specific Performance Suit

The case of Nagendra vs. Ashok and Anr. involved a legal battle over a specific performance suit, where the petitioner sought enforcement of a contractual obligation through judicial intervention. The case went through multiple stages of litigation, culminating in a review petition before the Supreme Court, which was dismissed.

The matter initially began in the Trial Court, where the suit for specific performance was decreed in favor of the respondents. The petitioner challenged this decision before the lower appellate court, which affirmed the Trial Court’s ruling. The petitioner then moved the High Court in a second appeal, but the High Court found no merit in the case and dismissed the appeal.

Supreme Court’s Observations

The petitioner subsequently filed a Special Leave Petition (SLP) before the Supreme Court, seeking to overturn the decisions of the lower courts. However, after hearing the counsel, the Supreme Court dismissed the SLP, thereby upholding the previous judgments.

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Following this dismissal, the petitioner filed a review petition, arguing that there were errors apparent on record that warranted reconsideration. The Supreme Court examined the grounds raised in the review petition and held:

“We have gone through the grounds raised in the review petition which do not make out any error apparent on record to justify interference. This review petition is, therefore, dismissed.”

Legal Implications

This judgment reinforces the principle that a review petition cannot be used as an avenue for re-arguing an already adjudicated matter unless there is a glaring error on the face of the record. The Supreme Court reaffirmed that once a case has gone through proper appellate scrutiny, a review can only be entertained under exceptional circumstances.

Conclusion

With this ruling, the Supreme Court brought finality to the case, emphasizing that mere dissatisfaction with the outcome of a case is not sufficient to invoke the court’s review jurisdiction. The petitioner’s plea was thus dismissed, leaving the original decree for specific performance intact.

Petitioner Name: Nagendra.
Respondent Name: Ashok and Anr..
Judgment By: Justice Uday Umesh Lalit, Justice K. M. Joseph.
Place Of Incident: New Delhi.
Judgment Date: 20-04-2022.

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