Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908- 0. XXXIX rr.1and2- Temporary or permanent injunction can be granted only against the parties to a suit- Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908 — O. XXXIX, rr.1 and 2— Temporary or permanent injunction can be granted only against the parties to a suit— Intermediary right holder under the 1953 Act — Bar on jurisdiction of the Civil Court to deal with property of such intermediary — Whether order of temporary injunction passed by the Subordinate Judge, in respect of the suit property without impleading the vendors and the appellant Housing Board, which had acquired the right, title, interest upon the same can be enforced against them through the jurisdictional police as has been granted by the Subordinate Judge, though the sale deed in favour of the Board is not challenged by the plaintiffs-respondents and the said order can be enforced against the appellants through jurisdictional police — Whether the inclusion of the property of the Housing Board to the suit instituted in the Civil Court by way of an amendment by the plaintiffs-respondents which property was conferred upon the legal heirs of late ‘G’ as intermediary right holder u/s.6 of the 1953 Act and the institution of suit for partition by the contesting respondents is barred by the provisions of ss.57-B(2)(a), (b) and (c) of the Act of 1953 — Held: The plaintiffs-respondents did not have . any right to get the said land included as part of the suit schedule properties for partition, and the Subordinate Judge erred in allowing the application to amend the suit schedule to include the property in question — The appellants were not parties to the suit, and the suit had abated as against late ‘G’ — The Subordinate Judge erred in passing order of temporary injunction u/O.XXXIX, rr.1 and 2 of CPC, in respect of the property in question after it was included to the suit schedule as order of temporary injunction can be granted against only the parties to the suit property — Further, the grant of police protection without impleading the appellants to the original suit proceedings is also not legally permissible — The original owner in the instant case, late ‘G’ was an intermediary in khas possession of the land in question in terms of s.6 of the 1953 Act — Thus, the Subordinate Judge did not have the jurisdiction to entertain any suit with respect to the said property, in light of the provision of s.57B (2)(a), (b) and (c) of the 1953 Act — Ex parte interim order of temporary injunction passed by the Subordinate Judge in respect of the property in question purchased from the legal heirs of the late ‘G’ who are declared as intermediaries u/s.6 of the 1953 Act and therefore the same are not binding on this appellant as it is not a party to the proceedings and the Civil Court did not have the jurisdiction to deal with the said property, as per s.57 B (2) (a), (b) and (c) of the 1953 Act — Since the interim order of temporary injunction is not binding on the appellant Housing Board and-cannot be operated against them, therefore the question of enforcing the same against the appellant Housing Board or its agents or any person claiming through it, through the jurisdictional police to help the plaintiffs-respondents as has been granted by the Subordinate Judge at the request of the plaintiffs- respondents, does not arise — Appeals of appellant Housing Board allowed — West Bengal Estates Acquisition, Act 1953 — 8s.57-B(2)(a), (b) and (c). |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 674 |
Petitioner | Bengal Ambuja Housing Development Ltd. |
Respondent | Pramila Sanfui And Ors. |
SCR | [2015] 15 S.C.R. 428 |
Judgement Date | 2015-09-18 |
Case Number | 7209-7210 |
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