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.