Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-01-20 partly_allowed

K.M. Pratap vs K.M. Gourish and Anr

Bench: 2 — Kurian

In Brief

In a property partition dispute, the appellant challenged the High Court's order allowing the respondents to construct on an undemarcated property pending suit resolution. The Supreme Court found that while construction could proceed, the High Court had not adequately considered that property division had not yet been finalized. The Court permitted construction only on strict conditions: no third-party rights without court approval, no building use without permission, and mandatory demolition at respondents' cost if the property is not ultimately allotted to them. This balanced both parties' interests while protecting the appellant's partition rights. No costs were awarded."

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Civil Procedure Property Law Interim Relief Partition Undertakings

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