Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to prove his possession over the suit property as tenant - He is thus, not entitled to decree of permanent injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owners - One co-owner alone is not competent to transfer the entire property without getting his share determined and demarcated so as to bind the other co-owners - Defendant/Co-owner rightly restrained by decree of injunction in acting in derogation of the propriety rights of the co-owners until and unless..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Limitation - There is no limitation for filing application for execution of decree of permanent injunction and application U.O.21.R.32 CPC can be filed many times...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Co-sharers - Plaintiff cannot seek a blanket prohibitory injunction decree against defendants, who are admittedly co-sharer with him in the suit property, joint holding...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - JDs willfully violating the judgment and decree passed in favour of DH - Order of civil imprisonment and attachment of property of JDs is proper - However, one of JD being an aged lady exempted from being sent to civil imprisonment...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Public pathway - Grant of injunction - Plea that Courts below ought not to have granted a decree for injunction restraining the other member of the public from using the suit property - Plaintiff proved his possession over suit property by producing village register - Physical features noted by Advocate..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for permanent injunction - Violation of decree - J.D. subsequently trespassed into the property and remained in possession therein - Decree can be enforced by evicting JD from the property...........
