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Supreme Court of India 2019-04-02 dismissed

Anant Shankar Bhave vs Kalyan Dombivli Municipal Corporation

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant sued the municipal corporation to prevent it from constructing a road through his property without proper legal procedure, seeking permanent injunction and status quo. The trial court granted the relief, but the first appellate court reversed the decision. The High Court upheld the reversal. The Supreme Court dismissed the appeal, holding that the appellant's suit was misconceived and claimed improper reliefs. The appellant failed to prove both his ownership of the land and the respondent's intention to construct without due process. However, the Court granted liberty to file a properly formulated fresh suit.

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Civil Procedure Injunction Municipal Law Real Property Preliminary Injunction

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