Supreme Court of India

Ece Industries Limited v. S.P. Real Estate Developers P. Ltd. & Anr.

Neutral citation
Reported as [2009] 12 S.C.R. 566
Bench Tarun Chatterjee and R.M. Lodha JJ.
Decided 6 August 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the Court will not, as • • A a matter of course, pass an order of injunction against the other party restraining the other party from raising any construction on the suit property till the disposal of the suit.

Judgment, page 15

From the headnote

Code of Civil Procedure, 1908 - 0. 39 r. 1 and 2, s. 151 - Application for injunction under - Rejection by two courts .., . c concurrently - Interference with - Held: Third court can interfere with the concurrent findings only when findings are perverse or arbitrary - On facts, courts below refused to grant injunction in favour of appellant from making any further construction in suit property - Findings of High Court and trial court as also report of Advocate Commissioner appointed by Supreme Court were to the effect that substantial construction . , has already bee1 made by respondent for

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