Supreme Court · 2008 INSC 395 · Decided 25 March 2008

Anathula Sudhakar v. P. Buchi Reddy (Dead) BY LRS. & ORS.

Court
Supreme Court of India
Citation
2008 INSC 395 · [2008] 5 S.C.R. 331
Case number
CIVIL APPEAL No. 6191/2001
Decided
25 March 2008
Bench
R.V. RAVEENDRAN, P. SATHASIVAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

Suit for prohibitory injunction - Relating to vacant land - -Claim for possession based on title - Title of plaintiff disputed A B - Various complicated questions arose for putting forth a case c of title - Suit decreed by trial court- Reversed by first appellate court - High Court in second finding of facts restored the order of trial court - On appeal, held: In the facts and circumstances of the case, the questions which arose for consideration could be decided only in a suit for declaration 0 and consequential reliefs and not in a suit for injunction simplicitor - In absence of

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