Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Plaintiff failed to prove that construction was raised after filing of suit - Mandatory injunction cannot be granted...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent prohibitory injunction - Locus standi to file - Plaintiff filed suit in her capacity as wife of her husband, who is co-sharer of suit property along with defendants and other co-sharers - Suit is not filed by plaintiff on behalf of her husband - Moreover, exercise of a right of passage is not dependent on ownership -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent and mandatory injunction filed before Civil Court having no jurisdiction, as suit could be tried only by Small Causes Court - Subsequent suit filed before Court of Small Causes based on the same cause of action as earlier suit, held, not barred by O.2.R.2 CPC - Even otherwise..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and permanent injunction - Plaintiff filed the proceedings before revenue Court for correction of revenue entry - Revenue Court directed the parties to go to civil Court - Financial Commissioner upheld the order of Divisional Commissioner and Collector - Suit filed within 3 years from the order of..........
Forest (Conservation) Act, 1980, Section 2, Easement Act, 1882, Section 13 -- Forest land - Claim for easementary right of way - Suit for declaration of title and permanent injunction - Oral and documentary evidence on record proves that plaintiff has violated the provisions of S.2 of the Act and has used the forest land as a easmentary right of way in utter violation of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, , Order 6, Rule 17 -- Impleadment of subsequent purchasers - Suit for cancellation of exchange deeds and permanent injunction - Applicants purchased the property during pendency of proceedings from plaintiff - It cannot be said that applicants are bonafide purchasers and title,..........
Civil Procedure Code, 1908, Order 15A(Andh -- Application U.O.15-A CPC - Maintainable only in suit for recovery of possession on basis of termination of lease or licence, where such lease or licence is admitted - Application is not maintainable in suit for declaration and injunction that too at the instance of defendants - Application rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Defendants proved to be true owners - Once it is established that plaintiff never acquired right or interest in suit property irrespective of long possession - Plaintiff not entitled to relief of injunction...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - In case ingredients of O.23 are complied with, withdrawal of suit cannot be declined merely for the reason that ad interim injunction was declined...........
