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.