NDLI: Jose Vs. Johnson

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Permanent Prohibitory Injunction Suit
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Suit – Permanent prohibitory injunction – Claim for – Plaintiff -respondent filed suit for permanent prohibitory injunction in respect of the suit property – The defendant-appellant disputed the claim of the plaintiff – The Trial Court decreed the suit – The First Appellate Court on reappreciating the matter, set aside the judgment of the Trial Court and remanded the suit to the Trial Court for fresh disposal in terms of Or. 41 r. 23A CPC – However, the High Court restored the judgment and decree passed by the Trial Court and held that the suit was for bare injunction and found that the exercise to identify the property with reference to the ownership was not justified – On appeal, held: In the instant case, the dispute had arisen when the plaintiff was seeking to put up a construction of the wall and the defendants had objected to the same – The defendants had in the written statement referred to the manner in which the right to property had flowed ever since the partition through the deed and the measurements – The location of the shares enjoyed by the parties is referred and the right as claimed by the plaintiff is disputed – The Trial Court had framed the issues referring to the identity of the property as also the ownership and possession – The plaintiff did not object to the said issues – Instead, the evidence was tendered based on the issues – The Trial Court answered the issues referring to the identity to the property, ownership and possession in favour of plaintiff – In that background, the defendant questioned the conclusion reached by the Trial Court – Thereafter, the First Appellate Court held that the said issues needed reconsideration and in the background of the additional evidence and opportunity was provided to the defendant – Therefore, in the facts and circumstances of the present case the High Court was not justified, but the conclusion of the First appellate Court was the appropriate course.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2020 INSC 242
Petitioner	Jose
Respondent	Johnson
SCR	[2020] 2 S.C.R. 975
Judgement Date	2020-03-02
Case Number	1892

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Jose Vs. Johnson

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Jose Vs. Johnson

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