Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Status quo order cannot be granted by exercising power u/s 151 CPC, when there is express provision provided under CPC...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - In case trial Court appoints Commissioner with the purpose to satisfy itself on a certain aspect of the matter, there is nothing wrong in the same and there is no reason to set aside the order - Trial Court while appointing Commissioner cannot be said to have passed the order with a purpose of creating..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out construction over suit land - Plaintiff inherited the suit property along with defendant - Suit land is not partitioned - Construction over suit property will cause injury to plaintiffs right as co-sharer - Prima facie case is thus, in favour of plaintiff - In..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Notice received after passing of the date of hearing has no legal sanctity - Moreover, purported receipt of registered envelope by defendant cannot be treated to be a proper service in the eye of law - Service thus, was not properly effected and date of hearing also abruptly changed by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants (first set) from running brick kiln business over suit property - Property in question was joint property of plaintiffs and defendants (second set) - Lease which is alleged to have been executed by defendants (second set) in favour of defendants (first set) to the extent of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction for restoration of electricity connection - Plea of outstanding dues - Property purchased in auction - In sale certificate no encumbrance was shown - Injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit property and from creating third party rights - While deciding application observation made on merits of suit - Virtually it is final adjudication of matter - Impugned order quashed and set aside - Trial Court to decide suit itself within a period of one..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit land till disposal of suit - Plaintiff claimed title to suit land on basis of purchase made in the name of predecessor-in-interest of defendant - However, there is no details of sale by virtue of which, plaintiff claims to have purchased suit land - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer who is in exclusive possession of separate parcel of land can definitely seek injunction against other co-sharers, who are not in possession of requisite land - Application rightly allowed...........
