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november 1996

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.

JAI DAYAL & ORS. vs KRISHAN LAL GARG & ANR. · Niyam