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december 2007

Supreme Court of India · 2007-12-11

Gurunath Manohar Pavaskar & Ors vs Nagesh Siddappa Navalgund & Ors

Citation / case number
AIR 2008 SUPREME COURT 901
Court
Supreme Court of India
Petitioner
Gurunath Manohar Pavaskar & Ors
Respondent
Nagesh Siddappa Navalgund & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that in cases concerning encroachment and injunctions, the title of the property need not be conclusively determined if the suit is primarily for permanent and mandatory injunctions. The Court affirmed the lower courts' decisions, emphasizing that the defendants could pursue their title claims separately. The Court ruled that the plaintiffs were entitled to relief against the encroachment, thereby upholding the injunction against the defendants' construction on the suit property.

Gurunath Manohar Pavaskar & Ors vs Nagesh Siddappa Navalgund & Ors · Niyam