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Supreme Court of India 2019-02-25 allowed

Shri Revansiddeshwar Pattan Sahakari Bank Niyamit vs Taluka Tokrekoli (Ambiga Samaji C Vikas Sangh Indi) (Earlier Gangamath Sangha) & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

A property dispute involved competing injunction applications filed by a plaintiff and defendant. The trial court dismissed both. The defendant appealed and obtained an injunction. The plaintiff then filed a writ petition challenging this appellate order and also seeking his own injunction. The High Court partly allowed the writ petition, confirming the defendant's injunction while also granting the plaintiff's. The Supreme Court held the High Court erred: it could not revive the plaintiff's dismissed injunction application through the writ petition, as that application was never appealed by the plaintiff. The Court also found the High Court's order lacked proper reasons. The appeal was allowed and the case remanded for the High Court to decide the writ petition afresh on its merits."

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Civil Procedure Interlocutory Orders Injunctions Writ Petitions Property Disputes

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