Supreme Court of India · 2001-05-09
Anand Prasad Agarwalla vs Tarkeshwar Prasad And Ors
- Citation / case number
- AIR 2001 SUPREME COURT 2367
- Court
- Supreme Court of India
- Petitioner
- Anand Prasad Agarwalla
- Respondent
- Tarkeshwar Prasad And Ors
- Bench
- S. Rajendra Babu, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court addressed the appeals arising from interlocutory applications in two suits concerning the foreclosure and sale of hypothecated land under the State Finance Corporation Act, 1951. The Court held that the Division Bench of the High Court correctly found a prima facie case for the respondents based on the sale certificate and records of rights, thus granting a temporary injunction against the appellants. The Court emphasized that any rights or remedies must be pursued separately and not within the scope of the current suits, ultimately allowing the appeals with observations.