Supreme Court · 2009 INSC 457 · Decided 6 April 2009

Kishorsinh Ratansinh Jadeja v. Maruti CORP. & ORS.

Court
Supreme Court of India
Citation
2009 INSC 457 · [2009] 5 S.C.R. 527
Case number
CIVIL APPEAL No. 2186/2009
Decided
6 April 2009
Bench
ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act Section 52

Headnote

CODE OF CIVIL PROCEDURE, 1908: Or.39 rr 1 and 2 - Interim injunction - Grant of - c Principles to be considered - High Court in an appeal arising out of a suit for specific performance of contract directing that any alienation of property would be subject to decision of appeal - By subsequent plots ;. and restraining the purchasers from raising any construction D on the suit land - Held: The earlier order having been passed . on principle of /is pendens, as enshrined in s.52 of Transfer of Property Act, and transferees having obtained plots when there was no injunction against owners,

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