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Supreme Court Upholds Non-Parties’ Challenge To Consent Decree

The Supreme Court on 30 October 2026 dismissed Girishbhai Natwarlal Patel’s appeals against orders permitting non-parties to challenge a land-related consent decree.

Judge / Bench — Justices J.B. Pardiwala and K. Vinod Chandran; judgment by Justice J.B. Pardiwala.

In 2026 INSC 1177, the Court held that the consent-decree appeal bar cannot automatically defeat a stranger’s independent rights. A non-party must establish a legally recognisable interest prejudiced by the decree and obtain appellate leave.

The Court upheld the injunction, leave to appeal and condonation of approximately eleven years’ delay, considering when the applicants learned of the decree. It requested disposal of the main appeal within three months. Title and alleged fraud remain undecided.

Advocates appearing — Appellant: Anshin H. Desai, Senior Counsel. Respondents 1–9: Mihir J. Thakore and Megha Jani, Senior Counsel. Other respondents: Not named in the judgment.

Explore topicsCivil Procedure
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