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Padhiyar Prahladji Chenaji th. LRs. vs. Maniben Jagmalbhai th. LRs. & Ors. (SC)

46.00 4.60

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Permanent Injunction–Relief of–Granted –Justification–The defendant no. 1 was held to be the true and absolute owner of land pursuant to the sale deed executed in his favour and the plaintiff was unsuccessful so far as the declaratory relief–No cloud over the title– Relief of permanent injunction could not have been granted–Further, the main relief was for cancellation of sale deed and declaration–Prayer for permanent injunction was consequential–When the main relief was denied, the consequential relief could not have been granted–Impugned orders passed by the three Courts below are liable to be quashed and set aside and the suit deserves to be dismissed.