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february 2008

Supreme Court of India · 2008-02-19

Maria Colaco & Anr vs Alba Flora Herminda D'Souza & Ors

Citation / case number
AIR 2008 SUPREME COURT 1965
Court
Supreme Court of India
Petitioner
Maria Colaco & Anr
Respondent
Alba Flora Herminda D'Souza & Ors
Author
A.K. Mathur
Bench
A.K.Mathur, Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the High Court's decision to grant a permanent injunction under Section 38 of the Specific Relief Act, restraining the defendants from interfering with the plaintiff's possession of the suit property. The Court found that the first appellate court erred in dismissing the plaintiff's claim, as the evidence supported the plaintiff's continuous possession. The judgment confirmed the trial court's order to restore the property to its original condition, emphasizing the importance of protecting possession in property disputes.

Maria Colaco & Anr vs Alba Flora Herminda D'Souza & Ors · Niyam