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april 2014

Supreme Court of India · 2014-04-09

Nagar Palika Parishad, Mihona And Anr vs Ramnath And Anr

Citation / case number
AIRONLINE 2014 SC 92
Court
Supreme Court of India
Petitioner
Nagar Palika Parishad, Mihona And Anr
Respondent
Ramnath And Anr
Bench
V. Gopala Gowda, Sudhansu Jyoti Mukhopadhaya

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellant's second appeal, affirming that the suit filed by the respondent was maintainable despite the appellant's claim of non-compliance with Section 319 of the M.P. Municipalities Act, 1961. The Court clarified that no notice under Section 319 is required for a suit seeking permanent injunction, as the trial court had correctly interpreted the statutory provisions. The judgment reinforces the principle that procedural requirements under the Act do not bar suits for injunctions when the plaintiff's rights are at stake.

Nagar Palika Parishad, Mihona And Anr vs Ramnath And Anr · Niyam