# Sanjay Paliwal and Another vs. Bharat Heavy Electricals Ltd. Through Its Executive Director

> SC judgment dated 2026-01-15. Citation: TCN-2026-SC-00084. The Appellants (Plaintiffs) filed a suit for mandatory injunction to remove a boundary wall…

- **Court:** SC
- **Order date:** 15 Jan 2026
- **Citation:** TCN-2026-SC-00084
- **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-j1hz2

## Summary

### Background

The Appellants (Plaintiffs) filed a suit for mandatory injunction to remove a boundary wall constructed by the Respondent (Defendant) which obstructed their access to a public road. The Trial Court decreed the suit, and the First Appellate Court confirmed this. The Defendant then filed a Second Appeal before the High Court, which allowed the appeal, set aside the lower courts' judgments, and dismissed the Plaintiffs' suit. The Plaintiffs then filed the present Civil Appeal before the Supreme Court.

## Facts

Sanjay Paliwal and another (Plaintiffs/Appellants), partners in Vaishali Builders, purchased 15 Biswa of land in Ahmedpur Karachh, Jwalapur, District Haridwar, via a registered sale deed on 06.01.1992 from Laxminarayan Jha and Bashir Khan.

The plaintiffs' firm name was mutated in revenue records, and they claimed ownership and possession since the purchase.

The disputed land, depicted as ABCD in the site map, had specific measurements (ABCD is 690 “Kari”, AC and BD are 26 “Kari”) and was bounded by defendant's lands on three sides and a pucca road on the eastern side.

Plaintiffs claimed access to the eastern pucca road was essential for their land's use and enjoyment.

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## Issues and analysis

### Issue 1: Whether the Judgment and Decree of dismissal of the Suit passed by the High Court warrants …

**Ratio:** The Supreme Court found no reason to interfere with the High Court's judgment and decree

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**Reasoning:** The High Court correctly applied Section 41(h) of the Specific Relief Act, 1963, which

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**Interpretation:** A suit for mandatory injunction simpliciter is not maintainable when there is a

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**Application:** The Supreme Court distinguished the precedents cited by the appellants (Sant

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## Parties

- **Judges:** Aravind Kum…; NONGMEIKAPAM…
- **Appellants:** Sanjay Paliwal…
- **Respondents:** Bharat Heavy…
- **Advocates:** S.R.S…; Shailesh M…

## Timeline

- **1992-01-06 — Land Pur…**: Plaintiffs purchased a parcel of land measuring…
- **2001-03-22 — Trial Court…**: The Trial Court decreed the suit filed by…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 69 — Punishment for transactions defrauding creditors](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-69)

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