Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Land sold to defendant is towards western side 13 ft instead of 43 ft - Construction therefore, beyond 13 ft by defendant cannot be permitted - As regarding alternative plea of plaintiff to permit him for completing finishing work, as he is not projecting any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining defendants from raising construction over suit land - Both parties claiming title and it is a triable issue and there is prima facie case - Possession is of defendant as they are making construction over suit land - Balance of convenience lies in favour of defendant - As defendants are in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the instance of co-defendant - An application for injunction by co-defendant against another defendant is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof is required for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Against sale of life interest in property - Testator created life interest for his wife and then for his daughters and ultimately the property would vest in his grand children i.e. between plaintiff and defendant - Plaintiff alleged that defendant were trying to sell their undivided life interest to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant making construction of soak pit in front of house of plaintiff - Public land cannot be utilized for making soak pit as it would unnecessarily create public nuisance and shall be detrimental to public convenience - Moreover, nobody can be permitted to make soak pit outside house of a person,..........
