Supreme Court · 2020 INSC 242 · Decided 2 March 2020
Jose v. Johnson
- Court
- Supreme Court of India
- Citation
- 2020 INSC 242 · [2020] 2 S.C.R. 975
- Case number
- CIVIL APPEAL No. 1892/2020
- Decided
- 2 March 2020
- Bench
- INDIRA BANERJEE, A.S. BOPANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
Suit - Permanent prohibitory injunction - Claim for - Plaintiff -respondent filed suit for permanent prohibitory injunction in respect of the suit property - The defendant-appellant disputed the claim of the plaintiff - The Trial Court decreed the suit - The remanded the suit to the Trial Court for fresh disposal in terms of Or. 41 r. 23A CPC - However, the High Court restored the judgment and decree passed by the Trial Court and held that the suit was for bare injunction and found that the exercise to identify the property with reference to
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