Supreme Court · 2009 INSC 1309 · Decided 15 December 2009
Narendra Kante v. Anuradha Kante & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1309 · [2009] 16 S.C.R. 491
- Case number
- CIVIL APPEAL No. 8290/2009
- Decided
- 15 December 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: " Or. 39, r. 1 - Temporary injunction - Suit for declaration and permanent injunction claiming suit property as ancestral c property- Application for temporary injunction rejected by trial court holding that suit properties had already been partitioned and a - High Court declining to interfere - Reliance upon deed of family settlement though not signed by one of the co-sharers - D HELD: Factum of partition being a question of fact, prima facie view taken by courts below, for purposes of interim order, that oral partition had been effected, not
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