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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)

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

A bank filed an appeal challenging a High Court order in a land dispute case involving competing injunction applications. The Trial Court had dismissed injunction applications from both the bank (defendant No. 2) and the opposing party. The bank appealed and won injunction rights. The opposing party then filed a writ petition, which the High Court partly allowed by granting injunctions to both parties. The Supreme Court held that the High Court could not revive the opposing party's rejected injunction application in a writ petition when it had never challenged that rejection in appeal. The Court allowed the appeal and remanded the matter for fresh consideration.

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Civil Procedure Injunction Writ Petition Appellate Jurisdiction

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