Supreme Court of India · 2001-05-09
ANAND PRASAD AGARWALLA vs TARKESHWAR PRASAD
- Citation / case number
- SC 1999/19663
- Court
- Supreme Court of India
- Petitioner
- ANAND PRASAD AGARWALLA
- Respondent
- TARKESHWAR PRASAD
- Author
- RAJENDRA BABU
- Bench
- S. RAJENDRA BABU & SHIVARAJ V. PATIL
Judgment text excerpt
The Supreme Court addressed 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 High Court's dismissal of the temporary injunction application was justified, as the contesting respondents lacked rights to the land in question. The Court emphasized that any rights or remedies must be pursued separately and not within the scope of the current suit, thereby allowing the auction of the mortgaged properties to proceed.