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may 2001

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.

ANAND PRASAD AGARWALLA vs TARKESHWAR PRASAD · Niyam