Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Appeal - No appeal lies against an ad-interim injunction order except in extra-ordinary circumstances, as to no, compliance of mandatory provisions, or rarest of rare case, where order is perverse or biased or it suffers from lack of jurisdiction - Moreover, jurisdiction of Court to examine..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Rejection of plaint - Application U.O.7.R.11 CPC, regarding jurisdiction and maintainability of suit, has to be decided first before deciding any other application as non disposal of such an application may put the party in disadvantage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Bank from attaching and auctioning suit property during pendency of suit - Suit for injunction and declaration - Plaintiff purchased property by payment of due consideration by registered document and is in possession of the same - It cannot be said that property in question if it is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining alienation - Trial Court to decide suit as expeditiously as possible and preferably within a period of three months - Any alienation made by defendant shall be subject to result of suit and proposed purchaser must be appraised of the dispute involved in the suit and objections raised by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction - Not appropriate relief where loss can be compensated by necessary decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nuisance - Feeding of birds, by neighbourer, by placing a tray below balcony window - On account of said feeding from metal tray, a large number of birds frequent said tray causing nuisance to plaintiff on account of bird droppings as well as filth created by birds - A person cannot use his premises..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Mandatory order - Court is within its powers to pass an order which would make the grant of temporary injunction meaningful...........
