Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of two Courts - Suit for permanent injunction - Claim of plaintiffs is based on registered Will executed by `K' in their favour - However, concurrent findings of two Court below that plaintiffs failed to established that said `K' was ever owner of property and he had a right and title vested..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to establish his possession - Relief could not be granted, unless matter is further gone into merits with regard to title and possession in main suit - Temporary injunction rightly declined...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A(1) -- Condonation of delay - Delay of 209 days in filing appeal - Wife of defendant suffering from serious illness - Both defendant and his wife are senior citizens - Material on record shows that defendant made to go around doctors and hospital for treatment of his wife and in that process..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application for temporary injunction at the instance of defendant is maintainable if exigencies as provided U.O.39.Rr.1,2 CPC exist...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea that trial Court should have passed an order of status quo instead of passing an order of temporary injunction - Trial Court while deciding application for temporary injunction is required to give a finding as to which party is in possession of the property in dispute - By directing parties to..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Stay granted merely to ensure appearance of DH before Appellate Court - Not a ground for stay of execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceeding - Any stay granted U.O.21.R.26 CPC is not permanent rather same is for a reasonable period...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - For applicability of provision of O.21.R.29 CPC, two conditions are to be met: (i) a proceeding in execution of decree of that Court has started at the instance of DH against JD and (ii) suit at the instance of same JD is pending against holder of decree of that Court...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Transferee Court has no power U.O.21.R.29 CPC, to stay execution of decree pending in its Court, where decree has not been passed by that Court...........
Legal Services Authorities Act, 1987, Section 20, Civil Procedure Code, 1908, Order 23, Rule 1 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Lok Adalat on taking cognizance in any matter, referred to it from a Court, can act only in accordance with S.20 sub-sections 4, 5 & 6 of the Act and Lok Adalat cannot allow..........
