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Civil · Reportable judgment

Acqua Borewell Pvt. Ltd. vs Swayam Prabha & Others

Court
Supreme Court of India
Date
17 November 2021
Case No.
Civil Appeal Nos. 6779-6780 of 2021
Result
Allowed
Bench
M.R. Shah, B.V. Nagarathna
Citation
[2021] 7 S.C.R. 408 : 2021 INSC 742
Supreme Court Reports [2021] 7 S.C.R. 408 : 2021 INSC 742
Headnote

Injunction: Grant of – Impleading of necessary parties – Requirement of – On facts, the High Court granted injunction for some of the suit properties, in which the appellants-third parties have right, title or interest on the basis of the development agreement – Appellants neither impleaded nor given an opportunity of being heard – Application to implead the appellants as necessary and proper parties not disposed of – Sustainability of – Held: Not sustainable – Before granting any injunction with respect to the properties in which the appellants-third parties are claiming right, title or interest on the basis of the development agreements or otherwise they ought to have been given an opportunity of being heard – No injunction could have been granted against them without impleading them as party-defendants in the suit and thereafter without giving them an opportunity of being heard – Trial court rightly rejected the injunction application holding that some of the properties were evidently owned by the firms/trusts/companies which were not made parties to the suit – Thus, the order passed by the High Court granting injunction with respect to 1/7th share in the total plaint schedule properties is set aside – Necessary parties – Impleadment.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Karnataka at Bengaluru dated 22.09.2020 in M.F.A. No. 1638/2020 and M.F.A. No. 1849/2020 (CPC), by which the High Court has allowed the aforesaid appeals in part and has modified the interim injunction granted by the learned XIV Additional City Civil Judge, Bengaluru, CCH 28 (hereinafter referred to as the learned ‘trial Court’) passed in IA Nos. 1, 18, 22 and 24 in O.S. No. 4709/2019 and restricted the injunction against alie
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