# In the matter of Sanjay Paliwal and Another vs. Bharat Heavy Electricals Ltd. Through Its Executive Director

> SC judgment dated 2026-01-15. Citation: TCN-2026-SC-00005. The plaintiffs filed a suit for mandatory injunction against the defendant for the removal of a…

- **Court:** SC
- **Order date:** 15 Jan 2026
- **Citation:** TCN-2026-SC-00005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sanjay-paliwal-and-another-vs-bharat-heavy-electricals-ltd-through-its-executive-7477cc25

## Summary

### Background

The plaintiffs filed a suit for mandatory injunction against the defendant for the removal of a wall. The trial court decreed the suit, and the first appellate court confirmed the judgment. The High Court, in second appeal, set aside the judgments of the lower courts and dismissed the suit.

## Facts

The plaintiffs purchased a parcel of land in Ahmedpur Karachh, Jwalapur, District Haridwar, through a registered sale deed dated 06.01.1992.

The defendant constructed a boundary wall along the pucca road, blocking the plaintiffs' access to the road.

The plaintiffs filed a suit for mandatory injunction seeking removal of the boundary wall.

The trial court decreed the suit in favor of the plaintiffs.

The first appellate court confirmed the trial court's judgment.

The High Court, in second appeal, set aside the judgments of the lower courts and dismissed the suit.

The High Court held that the suit for mandatory injunction was not maintainable without seeking possession.

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## Issues and analysis

### Issue 1: Whether the High Court's decision to set aside the concurrent findings of the Trial Court and First …

**Ratio:** The High Court's decision was justified because the concurrent findings were vitiated by

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**Reasoning:** The High Court correctly concluded that the judgment and decree of the trial court, and

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**Interpretation:** Section 100 of the Code of Civil Procedure allows the High Court to interfere

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**Application:** In this case, the High Court found that the lower courts had erred in granting

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## Parties

- **Judges:** Aravind…; NONGMEIKAPAM…
- **Appellants:** Sanjay Pa…
- **Respondents:** Bharat Heavy…; Through its…
- **Advocates:** S.R.S…; Shailesh M…

## Timeline

- **06.01.1992 — Sale Dee…**: Plaintiffs purchased land…
- **22.03.2001 — Trial Court…**: Trial Court decreed the suit…

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