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march 1997

Supreme Court of India · 1997-03-25

N UMAPATHY vs BV MUNIYAPPA

Citation / case number
SC 1997/212
Court
Supreme Court of India
Petitioner
N UMAPATHY
Respondent
BV MUNIYAPPA
Author
D.P. WADHWA K. RAMASWAMY
Bench
D.P. WADHWA K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision to grant an ad-interim injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908, protecting the respondent's possession of the mining lease property. The Court emphasized that the respondent, having been in continuous possession since 1989, cannot be dispossessed without due process of law, despite the appellant holding a mining lease for the same area. The Court dismissed the appeal, affirming the High Court's order as lawful.

N UMAPATHY vs BV MUNIYAPPA · Niyam