Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Violation - Once petitioner has approached Court of competent jurisdiction with regard to grievance raised by him and matter is pending, then even if there are allegations of violation of order of interim injunction, trial Court is fully empowered to consider and decide the same in light of provisions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Parties are already before Court of competent jurisdiction claiming partition of suit property - Injunction granted by appellate Court with respect to maintenance of status quo regarding construction cannot be sustained and thus, set aside - However, restraint against defendant no.1 qua..........
