Specific Relief Act, 1963, Section 39, 38 -- Revocation of licence - Suit for mandatory injunction and in the alternative for possession and for permanent injunction restraining appellant from applying for an electric connection to the Electricity Department in his name - Parties to the suit are closely related and record reveals that in spite of consistent requests made..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of wall and to keep service lane open as an approach way - Defendant specifically pleaded that wall was constructed on the basis of permission granted by defendant no.2 vide sanction order - Said sanction order not denied by plaintiff - However, there is admittedly no challenge to said sanction order -..........
Criminal Procedure Code, 1973, Section 147 -- Proceedings u/s 147 Cr.P.C. - Subsequent thereto civil suit filed - Order of status quo passed by Civil Court - SDM passed order of removal of obstruction after passing of status quo order by Civil Court - Civil Court has ample jurisdiction to issue ad interim mandatory injunction for removal of unauthorized..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Relief of declaration is sought by way of amendment - Plaintiff pleaded in plaint that defendant has no right, title and interest and there is effort to encroach upon certain portion of land owned by plaintiff - Plaintiff also prayed for decree..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Amendment sought to add certain facts which were necessary for adjudication of dispute between parties - Such amendment will not change nature of suit - Property in suit will also remain the same - Plaintiff only wants to correct a mistake and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Bank as a party - Suit for mandatory injunction - No dispute inter se bank and borrower - No relief sought against Bank - Cause of action disclosed in plaint is that plaintiff is owner of disputed property and defendant is its licensee who has not vacated despite termination of license - Relief of mandatory..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38, 39 -- Suit mandatory and permanent injunction - Directing defendant to close main gate, which had been opened illegally, causing obstruction in usage and occupation of plaintiff - Defendant purchased his house and got it repaired after getting site plan sanctioned from M.C. - As per sanctioned..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for mandatory injunction filed by father-i, law against daughter-i, law - Father-i, law proved to be owner of suit property - Daughter-i, law thus, has no right to reside in suit property which is owned by her father-i, law - Suit rightly decreed - Second appeal dismissed...........
