Supreme Court · 2019 INSC 129 · Decided 4 February 2019
G H Ram Lal & ORS. v. Salig Ram & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 129 · [2019] 1 S.C.R. 1064
- Case number
- CIVIL APPEAL No. 8285/2009
- Decided
- 4 February 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: Or.XXVI, r.10(3) - Suit for prohibitory injunction - Dismissed by trial court - First Appellate Court framed additional issues as to whether the defendants had encroached over the land in question and to what extent - Remitted the court for its finding by appointing Local Commissioner - Trial court after perusing the report of the Local Commissioner returned its finding on the additional issue in favour of plaintiffs - Thereafter First Appellate Court allowed the appeal and decreed the suit - In second
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