Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Plaintiffs and defendants are staying in the same property - Defendants have illegally entered first floor of property - Moreover, defendant no.1 is trying to sell off property - Defendants also compelling plaintiffs to vacate suit property - If property were sold by defendants to third..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-sharer - Suit land is un-partitioned as on date - If a co-sharer is in physical possession of a part of joint land and possession is admitted by other co-sharer, he cannot be restrained from raising construction thereupon - Said construction shall..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Descriptive words used though are different but first word TASTY being common in products of both plaintiff and defendant - Prima facie, there are certain similarities between registered trade mark of plaintiff and mark being used by defendant - Plaintiff being a prior..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Restraining other co-owners from raising construction - Plaintiff already raised construction - Plaintiff is still entitled to temporary injunction on establishing substantial loss or injury being caused to him by construction raised by other co-owner(s)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction from dispossession - Before plaintiff can be granted an injunction from being dispossessed he has to prima facie prove that he is in settled possession, particularly when he is seeking injunction against owners...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - Plaintiff claims to have perfected his title by adverse possession - However, he has not pleaded as to how he entered into possession - Plaintiff has neither produced electricity bill nor produced any other relevant material to prove his possession - There is not even a single entry..........
