Supreme Court · 2008 INSC 560 · Decided 30 April 2008
Mandali Ranganna & ORS. ETC. v. T. Ramachandra & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 560 · [2008] 7 S.C.R. 264
- Case number
- CIVIL APPEAL No. 3128/2008
- Decided
- 30 April 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: c Or. 39 rr. 1 and 2 - Temporary injunction/interim order - Suit for declaration and possession of suit properties - Applications for interim injunction and orders to restrain defendants from raising any construction on or creating any third party interests in suit injunction D is an equitable relief - Besides existence of basic elements in relation to granting injunction, conduct of parties must also be taken into consideration - On facts, prima facie, defendants had been in possession of suit properties for a long time and plaintiffs never exercised any
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