Supreme Court of India · 2007-12-11
GURUNATH MANOHAR PAVASKAR vs NAGESH SIDDAPPA NAVALGUND .
- Citation / case number
- SC 2005/21504
- Court
- Supreme Court of India
- Petitioner
- GURUNATH MANOHAR PAVASKAR
- Respondent
- NAGESH SIDDAPPA NAVALGUND .
- Author
- HARJIT SINGH BEDI S.B. SINHA
- Bench
- HARJIT SINGH BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court upheld the lower courts' decisions regarding a suit for permanent and mandatory injunction under Section 38 of the Specific Relief Act, 1963, affirming that the plaintiffs, as owners of CTS Nos. 4823/A-17 and 4823/A-18, were entitled to relief against the defendants' encroachment. The Court clarified that the title of the property need not be adjudicated in injunction suits, as the focus is on preventing interference with possession. The appeal was dismissed, maintaining the status quo of the plaintiffs' property rights.