2004 (12) TMI 688 - SC - Indian Laws

Summary

Issues:
- Appeal against order of High Court dismissing Second Appeal
- Allegations of structural changes in premises by the appellants
- Grant of permanent injunction by Trial Court
- Dismissal of appeal by Senior Civil Judge
- Dismissal of Second Appeal by High Court
- Special leave petition and grant of special leave
- Finding of no substantial question of law by Supreme Court
- Dismissal of the appeal by the Supreme Court
- Compliance with the decree by the appellant

Analysis:
The case involved an appeal against the order of the High Court of Delhi dismissing a Second Appeal. The dispute arose from a suit filed by the landlord-respondent seeking perpetual and mandatory injunction against the appellants for alleged structural changes in the premises causing substantial damage. The Trial Court granted a decree of mandatory injunction in favor of the plaintiff after finding in his favor. An appeal against this decree was dismissed by the Senior Civil Judge. Subsequently, the appellant filed a Second Appeal before the High Court, which was also dismissed on the grounds that no substantial question of law was involved. The appellant then filed a special leave petition, which led to the appeal being placed before the Supreme Court for disposal.

Upon review, the Supreme Court concurred with the High Court's finding that the case did not involve any substantial question of law warranting consideration under Section 100 CPC. The Court noted that the lower courts had made factual findings regarding the structural changes carried out by the appellants, which did not give rise to any substantial legal questions. The Supreme Court upheld the High Court's decision to dismiss the Second Appeal, concluding that the case lacked merit, and subsequently dismissed the appeal.

The appellant's counsel expressed willingness to comply with the decree and requested time for execution. The Supreme Court acknowledged the appellant's submission, suggesting that if the appellant promptly adhered to the decree and demonstrated good faith, the executing Court might grant additional time for compliance and execution of the decree.