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january 1996

Supreme Court of India · 1996-01-12

RAJNIBAI @ MANNUBAI vs KAMALA DEVI

Citation / case number
SC 1993/89242
Court
Supreme Court of India
Petitioner
RAJNIBAI @ MANNUBAI
Respondent
KAMALA DEVI
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that in a suit for declaration of title, the court has the power to grant interim injunction under Order 39, Rules 1 and 2 CPC, even when there is no dispute regarding the corporeal right to the property. The Court found the High Court's conclusion that such an injunction was beyond jurisdiction to be incorrect, emphasizing the necessity to protect possession pending the suit. The matter was remitted to the High Court for consideration on merits, with status quo maintained until then.

RAJNIBAI @ MANNUBAI vs KAMALA DEVI · Niyam