VidhiSangh

Supreme Court of India · 30/11/2017

ANIL KUMAR SINGH versus V!JAY PAL SINGH & ORS.

[2017] 11 S.C.R. 74 · 2017 INSC 1161

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Summary

A plaintiff withdrew his injunction suit without liberty to bring a fresh suit, subject to costs. The Court restored that withdrawal order and held that the High Court exceeded the limited challenge by directing possession to the defendant. Independent ownership and possession remedies remained available to the defendant.

Issues

  1. Whether the defendant could compel continuation of a suit withdrawn without fresh-suit liberty.
  2. Whether review of withdrawal permitted a direction transferring possession.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and trial and revision orders permitting withdrawal withRs350 costs restored. Defendant’s liberty to pursue ownership and possession issues in accordance with law preserved.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 74.