Supreme Court of India · 2006-02-13
KISHORE KUMAR KHAITAN vs PRAVEEN KUMAR SINGH
- Citation / case number
- SC 2005/7140
- Court
- Supreme Court of India
- Petitioner
- KISHORE KUMAR KHAITAN
- Respondent
- PRAVEEN KUMAR SINGH
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the issue of interim injunctions under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, emphasizing that the trial court's discretion must consider urgency and potential complications from delays. The Court upheld the High Court's decision to maintain the status quo, affirming the plaintiff's right to possess the property until the final adjudication of the case. The appeal by the defendants was dismissed, reinforcing the principle that possession should be protected pending resolution of the dispute.