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.