Supreme Court of India
Tanusree Basu & Ors. v. Ishani Prasad Basu & Ors.
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What the Court ordered
We are of the opinion that the impugned judgments warrant no interference.
Judgment, page 13
From the headnote
Code of Civil Procedure, 1908: s. 151 and Or. 39 rr. 1 and 2 - Interim injunction - Claimed by defendant- Suit for partition - Parties by mutual agreement c occupying separate flats constituting undivided shares - Pending appeal against refusal to grant interim injunction to plaintiffs, they putting padlock in the flat in occupation of defendant - HELD: If under mutual adjustment parties were 'k in separate possession of flats, plaintiffs could not have put ~ padlock to dispossess the defendant - Or. 39, r.1 is not sole repository of power of court to grant injunction - s. 151 also confers
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