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.