Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Auction sale - Confirmation - Merely on the basis of participation in public auction, there was no vested right with plaintiff to claim decree for mandatory injunction - Suit for mandatory injunction is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Plaintiffs have established right over `C' scheduled pathway - Defendants on the other hand failed to establish any right over `C' schedule property - There is thus, an obligation on defendants not to invade or threaten right of plaintiffs over `C' scheduled way - Plaintiffs thus,..........
Specific Relief Act, 1963, Section 39, Constitution of India, 1950, Article 226, 21 -- Suit for mandatory injunction for restoration of electricity connection - Suit dismissed on the ground of availability of an alternative remedy - Does not debar plaintiff from filing a petition under Art.226 of Constitution of India as electricity is one of the Fundamental Rights for..........
Specific Relief Act, 1963, Section 37, 38, 39, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Suit for permanent/mandatory injunction against son and daughter-in-law - Plea by defendant under DV Act - Plaintiff claiming to be owner of suit property and that defendants are licensees in the property - Ownership of plaintiff not in dispute - There is no..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent injunction and in alternative for a decree for possession by way of demolition of built up structure - Tehsildar in his report mentioned that defendants encroached upon suit property by raising construction - No objection to said report has been taken by defendants - Plaintiff is entitled to relief of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to vacate the suit property - Plaintiff is father of defendant No.1 - Suit property belongs to father - Nature of possession of defendants being that of a licensee and there is series of litigation between them - Concurrent findings of facts rendered by two Courts below would clearly show..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
