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Supreme Court of India 2019-01-07 allowed

State of Rajasthan & Ors vs Gram Vikas Samiti, Shivdaspura

Bench: 2 — Abhay Manohar Sapre

In Brief

A civil suit by a society for permanent injunction against the State over disputed land was decreed by the Trial Court and affirmed on first appeal. The State filed a second appeal in the High Court, which dismissed it in limine without assigning reasons or discussing the law. The Supreme Court held that the High Court's dismissal was procedurally defective. It remanded the case, directing the High Court to admit the second appeal, frame proper substantial questions of law regarding title and possession, and decide it on merits in accordance with law and pleadings."

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Civil Procedure Appellate Jurisdiction Injunction Property Rights Second Appeal

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