Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for damages - Relief of injunction - There is no averment that any attempts are made to dispose off property - Furthermore the suit is only for damages - Held, applicants are not entitled to seek order of injunction for reason that relief of injunction cannot be granted in final decree where suit is for damages only -..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Plaintiff claiming right on basis of lease deed - Validity of lease deed can only be decided when parties lead evidence - Right of plaintiff to carry business from the disputed land can only be protected on the basis of his possession - No finding with regard to possession of plaintiff recorded -..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Co-owner - Cannot seek injunction against another co-owner - Remedy for plaintiff is to file a suit for partition...........
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 made by defendant during..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte order granting temporary injunction - Refusal to extend - Validity of - Ex parte order granted - Suit for permanent injunction alongwith an application U.O.39.Rr.1 & 2 of CPC filed by petitioners - Court below granted ex-parte status quo order - Said status quo order was extended from time to time on various dates..........
Punjab Control of Bricks Supplies Price and Distribution Control Order, 1988, Rule 5 -- Renewal of license - Refusal of - Original lessor who created lease in favour of petitioners died - L.R. of original lessor raised objections to the alleged lease hold rights of petitioner - Held, there is no reason for State to join issues on title to property and if only there is any..........
Specific Relief Act, 1963, Section 38 -- Coparcenary property - Suit for injunction - Held, coparceners are jointly holding entire house - There cannot be any injunction against them because law is well settled that on every inch of coparcenary property, each coparcener is having equal share and it shall be deemed that possession of one of coparcener is for another...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim order - Disobedience - Application U.O.39.R.2-A CPC lies only where disobedience/breach of an injunction granted or order complained is one which was granted by Court U.O.39.Rr.1 & 2 CPC which is to enure during the pendency of the suit - Once a suit is decreed, the interim order, if any, merges into the final..........
Constitution of India, 1950, Article 131 -- Supreme Court Rules, 1966, Order XLVII - Inter-state water dispute - Interlocutory application - State of Punjab filed interlocutory application - Prayed for ad interim injunction restraining State of Haryana from further proceeding with construction of a concrete toe wall on Hansi Branch-Bhutana Branch Multipurpose Link Channel..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Demolition of property by purchaser - Tenant filing civil suit for permanent injunction - Suit rightly filed in civil court - Compromise between parties that tenant would deliver vacant possession of shop and he would be allotted newly constructed shop - Decree drawn accordingly - New premises not allotted to tenant -..........
