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september 2000

Supreme Court of India · 2000-09-19

A. Venkatasubbiah Naidu vs S. Chellappan And Ors

Citation / case number
AIR 2000 SUPREME COURT 3032
Court
Supreme Court of India
Petitioner
A. Venkatasubbiah Naidu
Respondent
S. Chellappan And Ors
Bench
K.T. Thomas, R.P. Sethi

Judgment text excerpt

The Supreme Court addressed the issue of interim injunctions under Order 39 Rule 1 and 2 of the Code of Civil Procedure, emphasizing that such orders should not be granted without a thorough examination of the merits of the case. The Court held that the trial court's ex-parte injunction was improper as it extended beyond the permissible period without a proper hearing, thus infringing on the rights of the defendants. The appeal was allowed, and the interim injunction was set aside, reinforcing the necessity of due process in property disputes.

A. Venkatasubbiah Naidu vs S. Chellappan And Ors · Niyam