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Supreme Court of India 2019-04-05 allowed

T. Ramalingeswara Rao (Dead) Thr. LRs. & Anr vs N. Madhava Rao & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The plaintiff sought a perpetual injunction against defendants to protect peaceful possession of suit property inherited by multiple brothers from their deceased father. The Trial Court and First Appellate Court dismissed the suit, finding the plaintiff failed to prove necessary elements for injunction. The High Court allowed the plaintiff's second appeal and granted injunction. The Supreme Court reversed, holding the High Court erred in interfering with concurrent findings of fact below. Since both lower courts found the plaintiff lacked prima facie case for injunction, the High Court could not reappraise evidence without showing the findings were perverse. Appeal allowed; trial court judgment restored.

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Injunctions Civil Procedure Property Law Evidence Appellate Jurisdiction

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