Supreme Court of India · 2017-04-13
M/S. Akriti Land Con Pvt. Ltd vs Krishna Bhargava And Ors. Etc. Etc
- Citation / case number
- AIRONLINE 2017 SC 472
- Court
- Supreme Court of India
- Petitioner
- M/S. Akriti Land Con Pvt. Ltd
- Respondent
- Krishna Bhargava And Ors. Etc. Etc
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, R.K. Agrawal
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the order of the Additional District Judge, which had dismissed the plaintiff's applications for temporary injunction under Order 39 Rules 1 and 2 of the Civil Procedure Code. The Court emphasized that the plaintiff, as a legal heir of the deceased owner, has a prima facie case for claiming her share in the property and that the balance of convenience lies in favor of granting the injunction to prevent further transfers of the property until the matter is resolved. The Court ruled that the plaintiff is entitled to seek protection of her rights over the suit property pending the outcome of the civil suits.