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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Restraining defendants from interfering with the possession and using tubewell in land till the same is partitioned - No evidence on record that plaintiffs are in exclusive possession of entire property - Although tubewell is in the name of mother of plaintiffs..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Both parties claiming to be owner in possession of suit property - Ownership and possession a disputed question of fact - Question of fact can only be decided after parties lead their evidence - Order of status quo, upheld...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Defendant allowed plaintiff to stay in the part of his house gratuitously - Plaintiff had misused the process of law by filing suit for permanent injunction, which is not maintainable in the eye of law - Held, in absence of any valid and subsisting lease or licence or rent..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary Injunction - Contentions issues involved in the case - There are also various documents on record which are required to be appreciated in the light of evidence that might come on record - Parties directed to maintain status quo as regards possession of the property in question...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police help - Cannot be denied on the ground that defendants were arrested u/ss 107/151 Cr.P.C. as there was scuffle between the parties - Held, it rather strengthens the case of plaintiff for grant of police help as it depicts that defendants did try to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from interfering in possession and from causing any damage to the building and machinery - Proprietorship filling station - Plaintiff entered into partnership with defendants but Indian Oil Corporation did not allow plaintiff to run the Filling station..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Lessee in possession after expiry of lease period - Not entitled to injunction...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from interfering with the possession - Can be claimed in a suit for injunction, in which plaintiff has already acquired valid title...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-owner - Restraining raising any further construction - Plaintiff not in possession of property - However, defendant restrained from raising further construction on suit property which is the only vacant piece of land in the entire bigger chunk of land - If defendants are..........

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