Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Since the letter of administration did not vest any absolute legal title in applicant Nos. 1 & 2 to sell the disputed property, Court below while exercising its power u/s 151 CPC rightly injuncted applicants from creating third party rights in respect of suit property and restrained them..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Remedy of seeking police protection for implementation of temporary injunction, during pendency of suit is available in law...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 2A -- Temporary injunction - Police protection - Party in whose favour order of temporary injunction is granted can approach Court for seeking action U.O.39.R.2-A PC - But that does not mean that one should adopt such remedy and/or has no other remedy - Remedy of seeking police protection for implementation of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for specific performance - Restraining defendant from selling, transferring, mortgaging or creating any third party interest in the suit property, till final decision of suit - Substantial amount already paid - Injunction granted - Defendant restrained from creating third party..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contempt of Courts Act, 1971, Section 12 -- Ex parte injunction order - Deliberate and willful violation thereof - Held, it is always in the larger interest of parties to the Lis to get the main case decided first on its merits as far as possible rather than to pursue their off-shoot proceedings on merits by keeping the main..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contempt of Courts Act, 1971, Section 12 -- Ex parte injunction order - Deliberate and willful violation thereof - Petition be decided after decision of the main case as it is not proper to probe into the facts and record any finding on any of the issues arising out of collateral proceedings else observations may cause..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Restraining other co-sharer from raising construction - Co-sharer cannot claim a right to raise construction without consent of other co-sharer nor does he has any right to put up any portion of joint holding to such a use which is detrimental to interest of other co-sharer or may amount..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from stopping plaintiff from making his construction thereby changing the nature of suit property from open land to a constructed house - Object of interim injunction is always to preserve the suit property in its present form - Court would not become a party to get the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case - Plaintiff heavily relied on the khatauni to show that he is Bhoomidhar, therefore, enjoys proprietary rights - Revenue records are meant for collection of revenue - They are not evidence of title in themselves - Plaintiff failed to show that how he came into possession of property in..........
