Supreme Court of India · 2017-10-31
Virendrabhai Devjibhai Patel vs Keshavbhai Makanbhai And Ors Etc
- Citation / case number
- AIRONLINE 2018 SC 489
- Court
- Supreme Court of India
- Petitioner
- Virendrabhai Devjibhai Patel
- Respondent
- Keshavbhai Makanbhai And Ors Etc
- Author
- Kurian Joseph
- Bench
- R. Banumathi, Kurian Joseph
Judgment text excerpt
The Supreme Court addressed the violation of an interlocutory injunction under Order XXXIX Rule 2A of the CPC, concerning a property dispute where the defendants breached the injunction by transferring a specific portion of land. The Court held that the High Court erred in its assessment, emphasizing that the defendants could only transfer their undivided share, not a specific portion, thus violating the injunction. The Court allowed the appeals and directed the parties to execute a rectification deed to reflect the transfer as one of undivided share only, rather than a specific portion of the property.