basic principle for grant of injunction in case of dispossession
Supreme Court of India
Maria Margadia Sequeria ... vs Erasmo Jack De Sequeria (D) ... on 21 March, 2012
Bench: Dalveer Bhandari, H.L. Dattu, Deepak Verma
IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2968 OF 2012
(Arising out of SLP (C) No. 15382 of 2009)
Maria Margarida Sequeria Fernandes and Others ...Appellants Versus
Erasmo Jack de Sequeria(Dead) through L.Rs. ...Respondents JUDGEMENT
Dalveer Bhandari, J.
1. Leave granted.
2. This appeal emanates from the judgment and order dated 5.5.2009 passed by the High Court of Bombay, Bench at Goa in Civil Revision Application No.3 of 2009.
3. Appellant No.1 and respondent No.1, Erasmo Jack de Sequeira (now dead) were sister and brother, hereinafter referred to as appellant and respondent respectively.
4. According to the appellant, she is the sole owner and is in exclusive possession of the suit property. Her title of the said suit property was clearly admitted, and never disputed by the respondent, Erasmo Jack de Sequeira. According to the appellant, the suit property was given to her brother as a caretaker. The respondent has kept appellant, his own sister, out of her suit property for about two decades by suppressing relevant material and pertinent information from the Court and abusing the process of law.
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