Gnanapragasam vs Sivanantham – sllr 1983 volume 2 page 140

In the case of GNANAPRAGASAM v. SIVANANTHAM, the court addressed the issue of whether the appellant was entitled to lay underground electric cables along a common roadway of partitioned land despite the respondent’s objections. It was held that allowing such installation pending trial risked creating an irreversible situation that could prejudice the respondent if subsequently reversed. The principle reaffirmed is that injunctive relief must balance the risk of “fait accompli” against the rights asserted, with interim measures governed by the need to avoid prejudging the substantive legal issues. Reliance was placed on the interpretation of rights arising from Deeds No. 41 and No. 34 and the preservation of status quo until trial, underscoring the importance of a judicial approach that pre

REF: sllr 1983 volume 2 page 140 Category: Tag:
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