Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Maintainability of suit - Trial Court granted injunction - Appeal thereagainst dismissed - Writ petition against said two orders - Issue as to maintainability of a suit cannot be an issue to be considered at this stage in writ petition at the time when an application U.O.39.Rr.1, 2 CPC is being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Petition under Article 227 Constitution of India is not maintainable against such an order particularly when plaintiff has an alternate remedy available to file appeal against such an order...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Rejection of application - It is appeal and not writ petition which is maintainable thereagainst...........
Civil Procedure Code, 1908, Section 11, Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subsequent eviction suit - Finding in earlier suit for injunction - Whether operate as res-judicata - No doubt finding was rendered in a suit for injunction between same parties after proper contest and evidence - However, neither party challenged the judgment therefore, same cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order rejecting injunction application - Writ petition - Petition filed after delay of about 2 years and 9 months - No indulgence therefore can be granted at such a belated stage - That apart, document which was heavily relied neither placed before trial Court nor same considered by Courts below..........
Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Remedy for defendant is to file appeal - Writ petition not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 35 -- Injunction - Inherent power of Court - Maintainability - Appellate Court granted injunction in favour of Plaintiff/Decree holders restraining the defendant from making construction while rejecting Application for removal of construction which was made after the suit was dismissed on ground that there was no..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
