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Supreme Court of India 2021-11-17 allowed

Acqua Borewell Pvt. Ltd vs Swayam Prabha & Others

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

Property owners sought partition of their mother's estate share. The trial court initially granted an interim injunction against defendants, then dismissed it after observing that some properties were held by third-party entities not made parties to the suit. The High Court partly allowed appeals and reimposed the injunction on 1/7th of the properties. Third parties holding development agreements appealed, contending they were not impleaded or heard. The Supreme Court held that an injunction cannot affect third parties without making them defendants and affording them a hearing. The Court quashed the injunction order and remitted the matter for the trial court to first decide applications to implead the third parties as defendants, then reconsider the injunction on merit."

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Civil Procedure Interim Injunction Natural Justice Party to Suit Joinder of Parties

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