Showing : 1-10 of 34 Results

JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary Injunction - Restraining defendants from raising construction over suit land - Both parties claiming title and it is a triable issue and there is prima facie case - Possession is of defendant as they are making construction over suit land - Balance of convenience lies in favour of..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from carrying out excavation upto 22 feet for the purpose of construction of basement adjacent to the house of plaintiff - Said excavation resulting into damage to the foundation as well as wall above of the house of plaintiff - These facts have been..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharer - Restraining other co-sharer from raising construction - Co-sharer cannot claim a right to raise construction without consent of other co-sharer nor does he has any right to put up any portion of joint holding to such a use which is detrimental to interest of..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from alienating, transferring, making alterations/raising construction on suit property - Plaintiff failed to make out existence of prima facie case, balance of convenience and irreparable loss so as to entitle him to temporary injunction in relation..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-owner - Restraining raising any further construction - Plaintiff not in possession of property - However, defendant restrained from raising further construction on suit property which is the only vacant piece of land in the entire bigger chunk of land - If defendants are..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Validity - Serious dispute between plaintiff and defendant No.1 regarding right, title and interest over plot in question - Defendant No.4 purchased disputed plot during pendency of suit from defendant No.1 - Held, trial Court justified in granting temporary..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Restraining defendant from raising construction in excess of his share - Land already partitioned - Prima facie, no case for interim injunction made out - Once prima facie case is not found in favour of plaintiff then it cannot be said that balance of convenience and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharer - Alienation - Restraining further alienation - There should be a specific recital in the deed of alienation itself to inform the alienee about the pendency of the instant suit - In addition to it, both the parties directed to maintain status quo regrading..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Unpartitioned property - Restraining other co-sharer from raising construction - A co-owner cannot seek injunction retraining another co-owner from raising construction - However, defendant cannot raise any claim qua the property just on the basis of his raising..........

Showing : 1-10 of 34 Results