Showing : 1-10 of 23 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..........
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..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 91(1)-- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9, Punjab Municipal Act, 1911, Section 172, 172A, 195, 195A-- Committee issued notice to remove encroachment - Suit for injunction - Held, jurisdiction of civil court is specifically barred u/s 172-A of the Act and implied barred under third proviso to Ss.195 and 225 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9, Punjab Municipal Act, 1911, Section 172, 172A, 195, 195A-- Committee issued notice to remove encroachment - Suit for injunction - Held, jurisdiction of civil court is specifically barred u/s 172-A of the Act and implied barred under third proviso to Ss.195 and 225 of the Act...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Encroachment of public property - Private person filing suit for mandatory injunction - Failure of State Govt. to act in accordance with law - Suit against State Government and other parties - Held, suit is maintainable...........

Showing : 1-10 of 23 Results