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.