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.