2005 INSC 0083
Srikrishna & Others
v.
Aniruddha Singh & Others
(Supreme Court Of India)
N. SANTOSH HEGDE HON'BLE MR. JUSTICE S.B. SINHA
Special Leave to Petition (Civil) No. 20185 Of 2003 | 24-01-2005

1. Heard learned Counsel for the parties.

2. Leave granted.

3. By the impugned order, without assigning any special reason and without
even recording that the respondents have made prima facie case, the High Court
has passed a mandatory injunction order directing the Authorities to hand over
the possession of the disputed land within twenty four hours from the receipt of
the certified copy of the order. We think this order runs counter to the judgment
of this Court in the case of Metro Marins & Anr. v. Bonus Watch Co. Pvt. Ltd.
& Ors. reported in VI (2004) SLT 55=IV (2004) CLT 8 (SC)=2004 (7) SCC
581. Therefore, we set aside the impugned order and allow the appeal and remit
the matter back to the High Court to consider the matter afresh in accordance
with law keeping in mind the directions issued in the above-said judgment. In
the meanwhile, if the possession is already with the appellant the said
possession will be protected and if the possession is taken by virtue of the
impugned order the same shall be restored to the appeal until further orders of
the High Court.

4. With the above observation this appeal succeeds and the same is allowed.

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