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K. M. Pratap v. K. M. Gourish and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 749 of 2017)Decided 20 Jan 2017
Civil Appeal No. 749 of 2017
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

The appellant challenged an interim order of the High Court of Telangana/Andhra Pradesh that allowed the respondents to proceed with construction on property that is the subject of a pending partition suit, fearing it would complicate the dispute. The Supreme Court had earlier stayed the High Court's order on the ground that construction should not proceed until the property was formally demarcated and allotted between the parties. By the time the appeal was heard, the respondents' construction, intended for use as an educational institution, was already half complete.

Decision Breakdown

Balancing both sides' interests, the Supreme Court permitted the construction to resume but attached specific safeguards: the respondents could not create any third-party rights over the construction without the trial court's permission, the building could not be used for any purpose without the trial court's express permission even after completion, and if the property was ultimately found not to belong to the respondents' share, they would have to remove the entire construction at their own cost without claiming any equity in it. Subject to these conditions, the Court vacated its earlier interim stay and disposed of the appeal, while directing both parties to cooperate for expeditious disposal of the underlying partition suit, noting the trial had already begun.

Lesson Learnt

Courts can permit construction on disputed property during litigation, but only by attaching strict conditions, such as no third-party rights, no use without court permission, and removal at the builder's own cost if the claim ultimately fails, so that no party gains an unfair advantage merely by building first.

Official source (sci.gov.in)View Judgment (PDF)

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