Supreme Court · 2000 INSC 161 · Decided 28 March 2000

Kuldip Singh v. Subhash Chander Jain and ORS.

Court
Supreme Court of India
Citation
2000 INSC 161 · [2000] 2 S.C.R. 639
Case number
CIVIL APPEAL No. 4479/1989
Decided
28 March 2000
Bench
AJAY PRAKASH MISRA, R.C. LAHOTI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

B Injunction-Suit for preventive injunction-To restrain defendant from operating a bhatti (baking oven) in· residential area-Trial Court granting relief-Appellate coun after carrying out local inspection dismissed suit holding that locality was not a purely residential one and operation of court-Held, suit .filed by plaintiffs was prema­ ture-No preventive injunction could have been allowed to plaintiffs. Torts: Private nuisance-Future nuisance-Quia timet action-Suit for injunction against an apprehended injury likely to be cause by operation of a D bhatti (baking oven)-Bhatti

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