VidhiSangh

Supreme Court of India · 19/06/2026

RAJAT KUMAR AND OTHERS versus S D ADARSH JAIN KANYA MAHA VIDYALAYA SADHAURA AND OTHERS

[2026] 7 S.C.R. 187 · 2026 INSC 648

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Summary

The Supreme Court set aside a High Court judgment in second appeals that had reversed concurrent decrees of mandatory injunction for removal of a wall and a lintel and instead directed the Executing Court to value the construction so that the plaintiffs' heirs could be compensated in money. No such relief had been sought, the heirs had not consented, no substantial question of law had been framed, and the second appeals were remitted for fresh decision under Section 100 CPC.

Issues

  1. Whether the High Court in second appeal could set aside decrees of mandatory injunction and substitute monetary compensation that the plaintiff never prayed for and his legal heirs did not consent to.
  2. Whether, after setting aside the decrees, the High Court could direct the Executing Court to assess the value of the offending construction.
  3. Whether the second appeals were validly decided without formulating substantial questions of law.

Provisions considered

Held

Result

Appeals allowed; the High Court's common judgment dated 02.05.2016 in RSA Nos. 363 and 364 of 2008 set aside and the second appeals remitted for fresh decision on merits under Section 100 CPC, expeditiously; no order as to costs.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 187.