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april 2017

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.

M/S. Akriti Land Con Pvt. Ltd vs Krishna Bhargava And Ors. Etc. Etc · Niyam