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december 2007

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.

GURUNATH MANOHAR PAVASKAR vs NAGESH SIDDAPPA NAVALGUND . · Niyam