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Supreme Court of India 2018-08-20 allowed

Birwati Chaudhary & Ors vs State of Haryana & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellants sought interim stay of land-related action during the pendency of a writ petition in the High Court of Punjab & Haryana. The High Court rejected their application, stating merely that "the required land is lying vacant." The Supreme Court held that when rejecting or granting interim relief, a Court must provide reasoned justification based on the facts and law applicable to the controversy. The bare observation about the land's status was insufficient. The Court set aside the High Court's order and remanded the matter for fresh decision in accordance with proper legal principles governing interim relief.

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Civil Procedure Interim Relief High Court Procedure

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