Saturday, February 7, 2026

What are the Essential Things to Obtain Injunction : Supreme Court Highlights the Legal Position

What are the Essential Things to Obtain Injunction : Supreme Court Highlights the Legal Position

Disposing of a civil appeal after more than 13 years, it has been held that when suit is one for perpetual injunction, alternatively for recovery of possession, then the plaintiff for the relief of perpetual injunction, along with prima facie case, balance of convenience and irreparable loss, must also prove the actual possession of the suit schedule on the date of filing of the suit. It is axiomatic that possession on the date of filing the suit is an essential requisite for granting perpetual injunction.

Kanta v. Soma Devi [2026] GCtR 97 (SC)

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