Supreme Court · 2019 INSC 131 · Decided 4 February 2019

Tek Singh v. Shashi Verma and ANR.

Court
Supreme Court of India
Citation
2019 INSC 131 · [2019] 3 S.C.R. 697
Case number
CIVIL APPEAL No. 1416/2019
Decided
4 February 2019
Bench
R.F. NARIMAN, VINEET SARAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 115; Specific Relief Act Section 6

Headnote

Code of Civil Procedure, 1908: s. 115 proviso (As inserted by amendment in 1999) - Revisional jurisdiction of High Court - Scope of - Held: In view of the proviso revisional jurisdiction is not maintainable against interlocutory orders - Scope of jurisdiction u/s. 115 is Interlocutory mandatory injunction - Grant of - Criteria - Held: When mandatory injunction is granted at interim stage, much more than a prima facie case has to be made out. Allowing the appeal, the Court HELD: 1. The High Court set aside the concurrent findings of fact and

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