SMT. RAJNIBAI @ MANNUBAI versus SMT. KAMLA DEVI AND ORS.

The application for interim injunction under Order 39, Rules 1 and 2 is maintainable in a suit for declaration of title simpliciter, and the High Court's contrary view is incorrect in law.

Parties: Appellant: Smt. Rajnibai @ Mannubai; Respondent: Smt. Kamla Devi
Jurisdiction: India
Judgment Date: 12 January 1996
Procedural Posture: Civil Appeal / Appeal From Judgment and Order of Madhya Pradesh High Court Dated 20.1.93 in M.a. No. 337 of 1991
Outcome: Appeal allowed
Legal Topics: Declaration of Title, Temporary Injunctions, Interim Relief

Civil Procedure Declaration of Title Temporary Injunctions Interim Relief

Case Brief

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Smt. Rajnibai @ Mannubai

Appellant

Smt. Kamla Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Madhya Pradesh High Court Dated 20.1.93 in M.a. No. 337 of 1991

Legal Issues

1 Whether in a suit for declaration of title simpliciter, the Court has power to grant ad interim injunction under Order 39 Rules 1 and 2 or Section 151 CPC pending suit
2 Whether application for interim injunction is maintainable in absence of dispute regarding corporeal right to property

Ratio Decidendi

The application for interim injunction under Order 39, Rules 1 and 2 is maintainable in a suit for declaration of title simpliciter, and the High Court's contrary view is incorrect in law.

Court Disposition

Appeal allowed

Orders

Matter remitted to the High Court to consider and dispose the case on merits.
Status quo to be maintained till disposal of appeal in the High Court.