Supreme Court of India · 2024-09-19
Kamal Kishor Sehgal(D) Thr.Lrs vs Murti Devi (Dead) Thr. Lrs
- Citation / case number
- 2024 INSC 707
- Court
- Supreme Court of India
- Petitioner
- Kamal Kishor Sehgal(D) Thr.Lrs
- Respondent
- Murti Devi (Dead) Thr. Lrs
- Author
- Pankaj Mithal
- Bench
- Abhay S. Oka, Pankaj Mithal
Judgment text excerpt
The Supreme Court upheld the appellate court's decision granting a permanent injunction to the plaintiff-respondents regarding the use of a common passage, emphasizing the importance of easementary rights as established in the sale deed. The Court noted that the defendants-appellants had no right to obstruct the plaintiff's access to the common passage, which was essential for the enjoyment of their property. The ruling reinforces the legal principle that easement rights must be respected as per the terms of the sale deed, thereby affirming the lower court's decree in favor of the plaintiffs.