SUPREME COURT OF INDIA

Before:- N. Santosh Hegde and S.B. Sinha, JJ.

Civil Appeal No. 642 of 2005, Arising out of SLP (C) No. 20185 of 2003. D/d. 24.1.2005.

Srikrishna and others - Appellants

Versus

Aniruddha Singh and others - Respondents

Civil Procedure Code, 1908, Order 39 Rule 1 - Interim mandatory injunction - Without assigning any special reason and without even recording that the respondents have made prima facie case, the High Court passed a mandatory injunction order directing the authorities to hand over the possession of the disputed land within twenty-four hours from the receipt of the certified copy of the order - Order runs counter to Metro Marins v. Bonus Watch Co. (P) Ltd., 2004(7) SCC 478 - Set aside - Possession if handed over to be restored to appellant - Metro Marins v. Bonus Watch Co. (P) Ltd., 2004(7) SCC 478, followed.

[Para 3]

Cases Referred :-

Metro Marins v. Bonus Watch Co. (P) Ltd., (2004) 7 SCC 478.

ORDER

N. Santosh Hegde, J. - Heard learned counsel for the parties.

2. Leave granted.

3. By the impugned order, without assigning any special reason and without even recording that the respondents have made prima facie case, the High Court has passed a mandatory injunction order directing the authorities to hand over the possession of the disputed land within twenty-four hours from the receipt of the certified copy of the order. We think this order runs counter to the judgment of this Court in the case of Metro Marins v. Bonus Watch Co. (P) Ltd., (2004) 7 SCC 478 Therefore, we set aside the impugned order and allow the appeal and remit the matter back to the High Court to consider the matter afresh in accordance with law keeping in mind the directions issued in the abovesaid judgment. In the meanwhile, if the possession is already with the appellant the said possession will be protected and if the possession is taken by virtue of the impugned order the same shall be restored to the appellant until further orders of the High Court.

4. With the above observation this appeal succeeds and the same is allowed.

Appeal allowed.