Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court

The Supreme Court observed that a suit filed only for injunction simpliciter cannot be dismissed solely because it lacks a declaratory relief under Section 34 of the Specific Relief Act, 1963 (SRA), especially when the defendants do not dispute the plaintiffs' title. “The law is well settled that if the defendants do not dispute the title of the plaintiffs then the suit should not fail only on the ground that the matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for.”, the court observed. The bench comprising Justice JB Pardiwala and Justice R Mahadevan was hearing the case arising out of the Orissa High Court's decision where the High Court in a second appeal reversed the trial court's order and held that the plaintiff's injunction simpliciter suit without seeking declaratory relief under Section 34 SRA would not be maintainable. According to the Appellant/plaintiff, since the defendant didn't dispute its title over the suit property, and the fact was overlooked by the High Court, the High Court committed an error in interference with the well-reasoned order passed by the trial court. Accepting the Appellant's contention, the Court noted that “In the entire impugned judgment of the High Court, we do not find any discussion as regard the dispute relating to the title of the property.” According to the Court, when the High Court had not discussed the dispute relating to the title of the suit property, then how come the plaintiff's suit was dismissed just because it was filed as an injunction simpliciter suit without seeking declaratory relief?The Court found the High Court's judgment flawed due to its failure to consider material issues and relevant law. Within three months, the matter was remitted to the High Court for reconsideration. Appearance: For Petitioner(s) Mr. Karunakar Mahalik, AOR Mr. Rohan Thawani, Adv. Mr. Manoj Kumar, Adv. Mr. Dharmendra Kumar, Adv. For Respondent(s) Mr. Tom Joseph, AOR Mr. Kumar Gaurav, Adv. Mr. B. Ravindra Kumar, Adv. Case Title: KRUSHNA CHANDRA BEHERA & ORS. VERSUS NARAYAN NAYAK & ORS.Citation : 2025 LiveLaw (SC) 69Click here to read/download the orderRelated - Injunction Suit To Protect Possession Not Maintainable When Plaintiff's Title Is Disputed: Supreme CourtSuit Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff's Title Is Disputed: Supreme Court

Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court

Yash Mittal

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