Supreme Court of India · 1996-11-06
JAI DAYAL & ORS. vs KRISHAN LAL GARG & ANR.
- Citation / case number
- SC 1980/63366
- Court
- Supreme Court of India
- Petitioner
- JAI DAYAL & ORS.
- Respondent
- KRISHAN LAL GARG & ANR.
- Author
- G.B.PATTANAIK K.RAMASWAMY
- Bench
- G.B.PATTANAIK K.RAMASWAMY
Judgment text excerpt
The Supreme Court held that the High Court erred in reversing the lower courts' orders regarding the removal of obstruction under Order 21, Rule 32 of the CPC. The Court emphasized that under Section 22 of the Easements Act, the enjoyment of easementary rights must be considered, which the High Court failed to do. The Court reinstated the lower courts' decisions, confirming the mandatory injunction to remove the obstruction and the attachment of property for non-compliance.