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february 2006

Supreme Court of India · 2006-02-13

Kishore Kumar Khaitan & Anr vs Praveen Kumar Singh

Citation / case number
AIR 2006 SUPREME COURT 1474
Court
Supreme Court of India
Petitioner
Kishore Kumar Khaitan & Anr
Respondent
Praveen Kumar Singh
Author
P.K. Balasubramanyan
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that the principles governing the grant of interim injunctions under Order XXXIX of the Code of Civil Procedure require the court to assess the urgency and the balance of convenience. The Court affirmed the lower courts' decisions to grant an interim mandatory injunction under Section 151, emphasizing that the plaintiff's dispossession after the status quo order constituted a violation of the court's directive. The appeal by the defendants was dismissed, upholding the plaintiff's right to possession pending the final adjudication of the suit.

Kishore Kumar Khaitan & Anr vs Praveen Kumar Singh · Niyam