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Civil · Reportable judgment

Tushar Himatlal Jani vs Jasbir Singh Vijan & Ors.

Court
Supreme Court of India
Date
13 May 2025
Case No.
Civil Appeal No. 6636 of 2025
Result
Allowed
Bench
Surya Kant, N Kotiswar Singh
Citation
[2025] 6 S.C.R. 414 : 2025 INSC 663
Supreme Court Reports [2025] 6 S.C.R. 414 : 2025 INSC 663
Issue for consideration
Whether the High Court was justified in restoring the interim injunction in favour of Respondent No.1 in a modified term during the pendency of the Suit.
Headnote

Interim injunction – Grant of – When not proper – High Court restored the order of the small causes court and granted injunction in favour of Respondent No.1 restraining the appellant from dispossessing him or creating any third-party interest in the disputed premises – Interference with: Held: High Court erred in granting the injunction in favour of Respondent No.1 – Respondent No.1 failed to establish a prima facie case in his favour as the question of tenancy rights claimed by him is pending adjudication before the Small Causes Court – Balance of convenience also tilts in favour of the Appellant as the disputed area is merely 550 square feet out of the total area of 22,000 square feet and the Appellant has already entered into a leave and license agreement with one M/s KMG Global covering a built-up area of 2,200 square feet – Thus, the injunction inordinately impeded the entire redevelopment project for a relatively small disputed portion – Moreover, the Appellant would suffer irreparable injury if the injunction is allowed to operate, given that the protracted delay is not only causing substantial financial losses but also affecting the Appellant’s contractual obligations which cannot be adequately compensated at a belated stage – Impugned order set aside. [Paras 16, 17, 19]

Interim injunction – Grant of – Pre-requisites for – Discussed. [Para 15]

Keywords: Interim injunction · Injunction · Tenancy rights · Tenancy dispute · Disputed premises · Prima facie case · Balance of convenience · Irreparable injury or harm · Not adequately compensable in damages · Small Causes Court · Impleadment · Partnership firm · Family Settlement Agreement · Leave and license agreement · Redevelopment project · Small disputed portion · Surrender of tenancy rights · Equities balanced

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

Full Judgment Text

Judgment Surya Kant, J. Leave granted. 2. The instant appeal is directed against the order dated 30.07.2024 passed by the High Court of Bombay (High Court) restraining the Appellant from dispossessing Respondent No. 1 or creating any third-party interest in the disputed premises. 3. The facts leading to the instant appeal are that the Appellant’s father was the owner of a plot admeasuring 22,000 square feet bearing C.T.S. Nos.443(part), 451(part), 452A(part) at Vittalwadi, Ghatala Village, Chembur, Mumbai. Out of the said area, the Appellant’s father leased out 11,250 square feet i.e. the
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