Synopsis

This Supreme Court judgment, delivered by a Division Bench, delineates the boundaries of a suit for mandatory injunction under the Specific Relief Act, 1963, particularly when questions of title and possession are seriously disputed. The core legal issue was whether the plaintiffs, claiming ownership of a parcel of land, could maintain a suit simpliciter for mandatory injunction (seeking removal of a boundary wall) without claiming the consequential relief of possession. The Supreme Court affirmed the High Court's decision, holding that where title, possession, and the very identity of the property are under a serious cloud, a bare injunction suit is barred under Section 41(h) of the Specific Relief Act, as an equally efficacious remedy (a suit for declaration and possession) is available.

1. Basic Information of the Judgment

Case Title: Sanjay Paliwal & Another vs. Bharat Heavy Electricals Ltd. Through its Executive Director

Citation: 2026 INSC 61 | Civil Appeal No. 6075 of 2016

Court: Supreme Court of India

Jurisdiction: Civil Appellate Jurisdiction

Coram: Justice Aravind Kumar (Division Bench)

Date of Judgment: January 15, 2026

Nature of Judgment: Civil Appeal against the reversal of a decree by the High Court in a Second Appeal.

Subject Matter: Specific Relief Act, 1963; Maintainability of a suit for mandatory injunction; Bar under Section 41(h); Substantial question of law under Section 100 CPC.

2. Legal Framework & Context

This judgment centers on the law of injunctions and the procedural propriety of civil suits, interpreting the following key provisions and precedents:

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