Supreme Court allows non-parties to challenge consent decree if rights affected

The case concerns an appeal by Girishbhai Natwarlal Patel against a High Court order that granted leave to appeal a consent decree to non-parties (Respondents 1-9) and issued an ex parte ad interim injunction restraining the appellant from dealing with the subject property.

Who it concerns: Appellant: Girishbhai Natwarlal Patel; Respondents: Gautam Punjabhai Palkhiwala (Dead) by Lrs & Ors. (including Respondents 1-9); Bench: Justice J.B. Pardiwala.

What the court decided

• Leave to appeal was granted by the Supreme Court.
• The Court noted that the issues raised in the appeals are the same and the parties are the same, so they are being disposed of by a common judgment.
• The Court is examining whether the ex parte ad interim injunction granted by the High Court is sustainable in law.
• The Court is examining whether leave to appeal could have been granted to non-parties (Respondents 1-9) under Section 96 CPC.
• The Court is examining the validity of the condonation of an 11-year delay.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The High Court had previously granted an ex parte ad interim injunction against the appellant on 02.04.2024.
• The High Court had condoned an 11-year delay and granted leave to appeal to non-parties on 14.08.2024.