Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - S.52 of Transfer of Property Act, does not operate as bar to grant of temporary injunction U.O.39.Rr.1, 2 CPC in discretion of trial Court, on fulfillment of pre-conditions for grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - Defendant no.1 during pendency of suit transferred suit property in favour of defendant nos 2 and 3 and those defendants in turn transferred part of suit property in favour of third persons - Defendants invoking jurisdiction of Court are therefore responsible for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Common passage - Came into existence on basis of an agreement between parties - Both the sides therefore, not entitled to change the size or nature of passage - Trial court directed to record evidence and decide suit and till then passage shall be kept free from all obstructions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application U.O.39.Rr.1, 2 CPC refused on the ground that third party in whose favour registered agreement to sell has been executed not joined - However, since new purchaser has been joined in as party before trial Court, Trial Court directed to hear the injunction application afresh...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff has not proved possession as on date of institution of suit and it is defendant who appears to be in possession - Refusal to grant temporary injunction proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court cannot grant interim relief which is in the nature of final relief...........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 3 -- Temporary injunction - At the time of deciding an application U.O.39.Rr.1, 2 CPC, summoning a witness for cross-examination is not permissible in view of what has been contained in O.19.R.3 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs though assert themselves to be owners in possession of suit property for last 37 years, but however, not even a single document has come on record to substantiate the plea of ownership or possession - In fact, plaintiffs now admit possession of defendants over suit property - Application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff in possession as per Revenue Record - Mere pendency of application for correction of revenue record is not sufficient to deny relief of injunction to plaintiff - Relief of injunction rightly granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is in uninterrupted possession of property as per revenue record - Merely because defendants do not admit possession of plaintiff and claim to be in possession, is not sufficient to deny relief of temporary injunction particularly in absence of evidence to prove that defendants are in..........
