Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - Demolition of shop inspite of order of status quo - Authorities deliberately avoiding to answer averments made by applicants - Clear case of flouting of Court's order - Trial Court was wrong in refusing restoration of possession - Relief of restoration could not be granted by writ Court..........
Constitution of India, 1950, Article 227 -- Annual inspection by High Court Judge - Inspecting Judge cannot pass any order on interim applications, such as bail petitions or transfer applications or applications for interim injunction, howsoever justified they may be - Inspection is to be confined to the administrative functioning of the courts and its officers...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser - Decree for injunction cannot be passed in favour of trespasser against the rightful owner...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 3A -- Deemed extension of ex-parte ad-interim injunction order - Nature & scope - Application for grant of interim injunction to be decided within 30 days from date an exparte injunction is granted - If not decided by Court within stipulated period, Court to record reasons for such inability - Trial Court granted ex-parte..........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Injunction regarding sale of suit property - Sale in violation of injunction order - Court shall treat such alienation as having not taken place at all - Purchaser cannot raise any defence on the basis of sale in his favour. Transfer of Property Act, 1882, Sec. 52...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 2A -- Sale in violation of injunction order - Not a nullity - Prohibitory injunction does not invalidate an alienation in breach of such order - Sale in violation of injunction order is not void, but voidable at the option of affected parties to the proceedings - Such sale hit by doctrine of lis pendence and does not confer..........
Civil Procedure Code, 1908, Section 11 -- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession delivered in pursuance of agreement to sell and this fact incorporated in agreement - Execution of agreement admitted - Plaintiff is not entitled to interim injunction by holding that actual physical possession was not given and only symbolic possession was given...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Reliance on earlier decision - Suit for Permanent Injunction by Mandir through Mahant - Courts below relied on findings recorded in some other litigation - Granted interim injunction holding that prima facie Mahant entitled to manage properties of Mandir - Orders challenged on ground that appeal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 49 -- Unregistered agreement to sell - Recital regarding handing over possession - Execution of agreement not denied - Agreement can be used as evidence of possession in terms of Sec. 49 - Vendor rightly declined injunction...........
