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Supreme Court of India 2016-12-14 dismissed

Vishram @ Prasad Govekar & Ors vs Sudesh Govekar (D) By Lrs. & Ors

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

A family property dispute concerning a plot in Goa. Plaintiffs (children of Vassudev Govekar) sought mandatory injunction to demolish illegal construction erected by defendants (Vassudev's brother and family) on their property. Trial court dismissed the suit; the first appellate court reversed and decreed mandatory injunction. The Supreme Court upheld the decree. It held the plaintiffs established ownership through Communidade grant, survey records, and succession to Vassudev's estate. Defendants' plea that their father Jagannath was the real owner was barred by the Benami Act. The suit was maintainable without a separate possession prayer as mandatory injunction was substantively a possession relief. Under Article 142, the Court modulated relief: instead of demolition, the plaintiffs could take possession and pay defendants the construction cost, assessed by a surveyor.

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Property Law Civil Procedure Injunction Benami Transactions Ownership and Possession Family Disputes

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