Supreme Court · 2008 INSC 146 · Decided 6 February 2008
Sri Thimmaiah v. Shabira and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 146 · [2008] 2 S.C.R. 506
- Case number
- CIVIL APPEAL No. 831/2002
- Decided
- 6 February 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
2 S.C.R. 506 SRI THIMMAIAH v. SHABIRA AND ORS. (Civil Appeal No. 831 of 2002) FEBRUARY 6, 2008 (DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.) Code of Civil Procedure, 1908; S. 96: Suit for grant of permanent injunction - Filing of, by C respondents ·against appellant to restrain him from was in possession of the property in question - Trial Court considered D the yital issue of possession and held it in negative - High Court neither formulated the question nor recorded any finding regarding possession - Hence, matter remitted to High Court to formulate a question on possession to
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