Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising illegal construction upon land of plaintiff - Construction of wall is already over and only finishing work remained - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from parking their vehicles in front of shops occupied by plaintiffs - Shops in question are in possession of plaintiffs and they are operating business activities from these shops - By parking vehicles exactly in front of shops thereby blocking free flow of movement certainly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and permanent injunction - Defendant obstructed the public way/Gali by raising illegal construction of a wall - Drain pipes from plaintiff's house have opening towards subject Gali and even drain pipes from defendant's house also have their opening towards the subject Gali - Trial Court did not..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit seeking demolition of alleged illegal construction, restoration of possession and permanent injunction - Plaintiffs have taken a specific plea that they have suffered a loss of Rs.50,000 because defendant demolished the suit shop and have raised illegal..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of widow of deceased defendant - Suit for demolition, permanent injunction and other consequential reliefs - Widow of deceased defendant is a necessary party, particularly when it was she who carried out the encroachment extension over suit property as alleged by plaintiff - Application for impleadment of widow..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - Plaintiffs are owners of property, as they inherited the same from their father, who acquired the same as a permanent grant for construction of house - Documents regarding..........
Constitution of India, 1950, Article 142 -- Moulding of relief - Suit for Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - In order to balance the equities and do complete justice between both the parties, Court while exercising powers u/art 142 of Constitution,..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for possession - Plaintiff/appellant seeking permanent injunction restraining defendants not to put illegal construction - Upon consideration of oral and documentary evidence, plaintiff has neither identified suit property nor proved his ownership to it - Therefore, he is not entitled to relief sought...........
