TEK SINGH versus SHASHI VERMA AND ANR.

TEK SINGH versus SHASHI VERMA AND ANR.

The High Court erred in setting aside concurrent findings and allowing revision petition against interlocutory orders in contravention of Section 115 CPC, and failed to heed well-established principles regarding interim mandatory injunctions.

Parties
Appellant: Tek Singh; Respondent No.1: Shashi Verma; Respondent No.2: Respondent No.2
Jurisdiction
India
Judgment Date
04 February 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Revision
Outcome
Appeal allowed
Legal Topics
Revisional Jurisdiction, Interlocutory Mandatory Injunction, Section 115 CPC
Civil Procedure Revisional Jurisdiction Interlocutory Mandatory Injunction Section 115 CPC

Case Brief

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Parties

Tek Singh

Appellant

Shashi Verma

Respondent No.1

Respondent No.2

Respondent No.2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Revision

Legal Issues

  1. 1 Maintainability of revision petitions under Section 115 CPC against interlocutory orders
  2. 2 Criteria for granting interlocutory mandatory injunctions

Ratio Decidendi

The High Court erred in setting aside concurrent findings and allowing revision petition against interlocutory orders in contravention of Section 115 CPC, and failed to heed well-established principles regarding interim mandatory injunctions.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court judgment set aside
  • Judgment of Courts below restored