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may 2009

Supreme Court of India · 2009-05-01

Dhanpal Balu Lhawale And Ors vs Adagouda Nemagouda Patil (D) By Prop. Lr

Citation / case number
AIRONLINE 2009 SC 473
Court
Supreme Court of India
Petitioner
Dhanpal Balu Lhawale And Ors
Respondent
Adagouda Nemagouda Patil (D) By Prop. Lr
Author
Harjit Singh Bedi
Bench
Harjit Singh Bedi, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the plaintiff, Adagouda Nemagouda Patil, was only a trespasser after his claims based on a will and tenancy were rejected. The Court allowed the amendment application to seek a decree for injunction in favor of the petitioners, emphasizing that even a trespasser can be granted an injunction if they have been in possession for a significant period. The Court upheld the High Court's decision to grant an injunction despite the plaintiff's unlawful possession, thereby affirming the principle that possession can confer rights to seek protection against dispossession.

Dhanpal Balu Lhawale And Ors vs Adagouda Nemagouda Patil (D) By Prop. Lr · Niyam