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september 2005

Supreme Court of India · 2005-09-19

Col. Anil Kak (Retd.) vs Municipal Corporation, Indore & Ors

Citation / case number
AIR 2007 SUPREME COURT 1130
Court
Supreme Court of India
Petitioner
Col. Anil Kak (Retd.)
Respondent
Municipal Corporation, Indore & Ors
Author
P.K. Balasubramanyan
Bench
G.P. Mathur, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court dismissed the Special Leave Petitions challenging the High Court's order which modified the interim injunction regarding the possession of the suit land. The Court held that the High Court correctly treated the revision under Section 115 of the Code of Civil Procedure as a proceeding under Article 227 of the Constitution of India, as the order was interlocutory in nature. The Court found no grounds to interfere with the High Court's decision, thereby upholding the limitation of the injunction to an area of 16,000 Sq. ft.

Col. Anil Kak (Retd.) vs Municipal Corporation, Indore & Ors · Niyam