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Results of injunction encroachment

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Showing : 41-50 of 77 Results

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 2 -- Encroachment of public property - Suit for mandatory injunction - Death of one of the defendants during pendency of suit - Surviving defendant, held, is not competent to question judgment on behalf of a deceased one...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Specific Relief Act, 1963, Section 30, 34 -- Injunction - Encroachment - Proof - Held, plaintiffs have to prove that defendants have raised construction on disputed land - This could have been only done by getting the land demarcated - Only after such demarcation could it have been ascertained as to where defendants are raising construction - Plaintiffs have miserably..........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff non-suited in a suit for injunction when trial court found that he has made encroachment - Plaintiff sought to produce demarcation report in appeal - Demarcation report suffered from procedural infirmities - Report obtained to fill up lacuna - Report did not establish title..........

KARNATAKA HIGH COURT

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 38, 39 -- Public pathway - Illegal encroachment - House of plaintiff abutting on public pathway - Plaintiff is entitled to make use the pathway which is in front of his house - Plaintiff being the aggrieved person is entitled to seek mandatory injunction...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7(iv)(d) -- Public Street - Encroachment of - Suit for removal of encroachment - Court fee - Public street not have any market value as it is meant for public use - Not personal property of Municipality - Adveloram Court fee not payable - Suit for mandatory injunction maintainable...........

MADRAS HIGH COURT

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Specific extent of encroachment - Distinctively not stated - Decree for mandatory injunction cannot be passed...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When permissible - Suit for mandatory injunction to cut and remove trees - Defendant alleging encroachment by plaintiff - No counter claim set up in written statement - Application by defendant to appoint LC for demarcating land and to report about encroachment - LC appointed by Trial Court..........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Encroachment inspite of injunction order - Amendment of plaint to bring subsequent event on record and to seek possession of suit property - Proposed amendment not to change nature of suit - By allowing proposed amendment multiplicity of proceedings can be avoided -..........

CHHATTISGARH HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Removal - Plaintiff directed to remove his encroachment from disputed land in ejectment proceedings - Appeal not preferred against such an order - Plaintiff failed to prove prima facie case - Injury likely to be caused by ejectment of plaintiff was taken care of by State by offering..........

Showing : 41-50 of 77 Results