MAHADEO SAVLARAM SHELKE AND ORS. versus PUNA MUNICIPAL CORPORATION AND ANR.

MAHADEO SAVLARAM SHELKE AND ORS. versus PUNA MUNICIPAL CORPORATION AND ANR.

No injunction can be granted against the rightful owner in favour of persons whose possession is unlawful. After eviction became final, appellants held no legal right for continued possession. Courts must consider public purpose and escalation of costs when molding relief, and the pecuniary jurisdiction should not bar compensation for damages resulting from injunctions. High Court rightly dissolved ad interim injunction.

Parties
Appellants: Mahadeo Savlaram Shelke and Others; Respondents: Puna Municipal Corporation and Another
Jurisdiction
India
Judgment Date
24 January 1995
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Revisional Power, Appellate Jurisdiction, Temporary and Perpetual Injunction, Compensation for Injunction, Pecuniary Jurisdiction, Public Purpose
Constitutional Law Civil Procedure Land Acquisition Injunctions Revisional Power Appellate Jurisdiction Temporary and Perpetual Injunction Compensation for Injunction +2 more

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Parties

Mahadeo Savlaram Shelke and Others

Appellants

Puna Municipal Corporation and Another

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether High Court could exercise revisional power under Section 115 CPC where appellate power had been exercised by subordinate court
  2. 2 Whether ad interim injunction can be granted in favour of persons in unlawful possession against the rightful owner
  3. 3 Whether pecuniary jurisdiction restricts award of damages consequent to injunction

Ratio Decidendi

No injunction can be granted against the rightful owner in favour of persons whose possession is unlawful. After eviction became final, appellants held no legal right for continued possession. Courts must consider public purpose and escalation of costs when molding relief, and the pecuniary jurisdiction should not bar compensation for damages resulting from injunctions. High Court rightly dissolved ad interim injunction.

Court Disposition

Appeal dismissed

Orders

  • Trial court directed to assess damages and pass decree for recovery pro rata against appellants in event of suit dismissal.
  • Cost awarded to respondents.