Showing : 1-10 of 32 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9, Specific Relief Act, 1963, Section 34, 38-- Appointment of surveyor - Suit for declaration and injunction - Allegation that defendants encroached into plaintiff's land by removing portion of stone wall and throwing rubbish and draining sullage water into his property - Report of Commissioner and Taluka surveyor disclosed encroachment upon..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of widow of deceased defendant - Suit for demolition, permanent injunction and other consequential reliefs - Widow of deceased defendant is a necessary party, particularly when it was she who carried out the encroachment extension over suit property as alleged by plaintiff -..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of permanent injunction - Plaintiff prayed for declaration of right, title, interest of suit property, recovery of possession and permanent injunction - Trial Court declared the title of plaintiffs over suit property and granted permanent injunction - Prayer for recovery of..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment - Court has to look into situation as it was on the date of institution of suit and for subsequent events specific..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Defendant constructed the wall by encroaching the land owned by plaintiff - Encroachment has to be removed and cannot be compensated by way of damages...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - Encroachments made during pendency of suit - Amendment sought at the stage of last opportunity for leading evidence by plaintiff - Plaintiff unable to demonstrate with reference to some prima facie material that encroachment alleged had been..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42-- Path allotted during consolidation proceedings - Respondent having made encroachment upon path, allottees filed suit for mandatory injunction which was decreed - Decree attained finality - Respondent filed petition u/s 42 of the Act alleging that allottees had entered into a compromise after..........

Showing : 1-10 of 32 Results