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Results of injunction without partition suit is not maintainable

Showing : 11-13 of 13 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 41(h) -- Suit for permanent injunction - Not maintainable when plaintiff has an equally efficacious remedy available - Property which was subject matter of suit was ancestral and coparcenary property - Plaintiff could assert right over the property by filing a suit for partition - Plaintiff filed a suit for injunction - Held, suit for..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........

Showing : 11-13 of 13 Results