Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction over portion of property purchased by plaintiff - Specific share has been purchased by plaintiff as is reflected from sale-deeds executed in her favour - Therefore, if other party is encroaching upon her share, she can seek injunction in that regard..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - When defendant committed breach of temporary injunction order, plaintiff is entitled to seek police protection invoking the provisions of S.151 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit land till disposal of suit - Plaintiff claimed title to suit land on basis of purchase made in the name of predecessor-in-interest of defendant - However, there is no details of sale by virtue of which, plaintiff claims to have purchased suit land - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from entering over suit property - Plaintiffs are claiming their actual settled possession over property - However, no positive evidence brought on record by plaintiff to establish their actual possession over suit property - Plaintiff cannot seek injunction against true..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Defendant can seek temporary injunction in a suit filed by plaintiff only U.O.39.R.1(a) - However, defendant cannot maintain an application U.O.39.R.1(b) and (c) CPC at all, irrespective of the fact that his right to such relief arises either from the same cause of action or a cause of action that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Minority and Guardianship Act, 1956, Section 8 -- Temporary injunction - Grant of - Alienation of property of minors - Petitioner instituted petition u/s 8 of the Act to seek permission to sell property of minors without impleading father of minors as party, although he was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Unpartitioned property - Restraining other co-sharer from raising construction - A co-owner cannot seek injunction retraining another co-owner from raising construction - However, defendant cannot raise any claim qua the property just on the basis of his raising construction...........
Civil Procedure Code, 1908, Order 39, Rule 1(a) -- Temporary injunction - Defendant can seek injunction against plaintiff on the grounds mentioned in O.39.R.1(a) CPC but cannot seek injunction on the grounds other than those mentioned in O.39.R.1(a) - Defendant cannot invoke inherent powers under Section 151 of the Code for seeking temporary injunction on grounds other..........
