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october 2017

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.

Virendrabhai Devjibhai Patel vs Keshavbhai Makanbhai And Ors Etc · Niyam