Supreme Court of India · 2015-01-28
SHRI WESTARLY DKHAR vs SHRI SEHEKAYA LYNGDOH
- Citation / case number
- SC 2012/16281
- Court
- Supreme Court of India
- Petitioner
- SHRI WESTARLY DKHAR
- Respondent
- SHRI SEHEKAYA LYNGDOH
- Author
- R.F.Nariman
- Bench
- ROHINTON FALI NARIMAN J. CHELAMESWAR
Judgment text excerpt
The Supreme Court held that the appeal against the ex-parte ad-interim injunction granted by the Subordinate District Council Court was maintainable under Rule 28 of The United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953, despite the High Court's ruling that it was not maintainable under the Code of Civil Procedure. The Court emphasized that the provisions of the 1953 Rules apply in this context, and the earlier decision in A. Venkatasubbiah Naidu v. S. Chellappan was distinguished as it pertained to different circumstances regarding temporary injunctions. The Court set aside the High Court's order and allowed the appeal, reinstating the maintainability of the appeal.