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january 2017

Supreme Court of India · 2017-01-20

K. M. PRATAP vs K. M. GOURISH

Citation / case number
SC 2016/35960
Court
Supreme Court of India
Petitioner
K. M. PRATAP
Respondent
K. M. GOURISH
Author
KURIAN
Bench
A.M. KHANWILKAR KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that the High Court's interim order allowing construction on disputed property was not appropriate as it did not consider the need for demarcation of property before proceeding. The Court clarified that the respondents must not create third-party rights or use the building without permission from the Trial Court, and if the property is found not to belong to them, they must remove the construction at their own cost. The interim order was vacated, allowing construction under specified conditions, emphasizing the need for expeditious trial proceedings.

K. M. PRATAP vs K. M. GOURISH · Niyam