Case Law Analysis
|Gauhati High Court
Mandatory Injunction | Unauthorized Post-Suit Possession Cannot Override Lawful Possession Pending Title Adjudication : Gauhati HC
The Gauhati High Court has ruled that taking possession after filing a title suit does not create any legal right to retain it, even if criminal allegations of forgery are pending. This reinforces that civil courts must preserve the status quo under Order XXXIX Rule 1 and 2 CPC, ensuring that possession is determined by title, not by who got there first after litigation begins - a critical safeguard for lawful owners awaiting adjudication.