The Supreme Court of India, in a bench comprising Justice M.M. Sundresh and Justice Satish Chandra Sharma , has set aside an order of the High Court for the State of Telangana. The apex court held that the High Court, at the revisional stage, erred in allowing an application invoking Section 45 read with Section 73 of the Indian Evidence Act, 1872, filed by a defendant after the trial had already concluded in a suit for declaration and injunction.

The matter, Hussain Bin Awaz v. Mittapally Venkataramulu & Ors. (Civil Appeal No. 13354 of 2025), reached the Supreme Court after the original plaintiff (appellant) challenged the High Court’s final judgment dated August 5, 2024.

Background of the Case

The case originates from a suit for declaration and injunction. In this suit, the defend

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