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april 2019

Supreme Court of India · 2019-04-05

T. Ramalingeswara Rao (Dead) Thr. Lrs. vs N. Madhava Rao

Citation / case number
AIR 2019 SUPREME COURT 1777
Court
Supreme Court of India
Petitioner
T. Ramalingeswara Rao (Dead) Thr. Lrs.
Respondent
N. Madhava Rao
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the plaintiffs' second appeal and granting a decree for perpetual injunction, as the Trial Court and First Appellate Court had recorded concurrent findings of fact that the plaintiffs failed to prove the necessary ingredients for such an injunction. The Court emphasized that interference by the High Court in concurrent findings is only warranted when those findings are perverse or against the law. Consequently, the Supreme Court restored the judgments of the lower courts, dismissing the plaintiffs' suit.

T. Ramalingeswara Rao (Dead) Thr. Lrs. vs N. Madhava Rao · Niyam