Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Disputed ownership or title cannot be determined in an interlocutory application until and unless applicant provides clear and irrefutable evidence of ownership and possession of suit property...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for injunction - Disobedience of a decree of injunction is necessary for seeking restitution U.O.21.R.32(5)...........
Civil Procedure Code, 1908, Section 115 -- Revision - Interlocutory order - Revision is not maintainable against an interlocutory order passed in an interim injunction application, as no final order has been passed in said application...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction - Ancestral property - Partition has not taken place and if without any partition, transfer of disputed property is done, then same would amount to multiplicity as well as complexity of litigation - Application allowed. ( Paras 7 & 8)..........
Specific Relief Act, 1963, Section 38 -- Injunction - It is proved on record that part of suit property has been encroached upon by defendants and they have raised construction of pucca house over it - Suit of plaintiff does not lie for injunction - Plaintiff can seek possession of portion of suit property found to be in possession of defendants...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Whenever an ad interim injunction is granted by dispensing with notice to opposite party, Court is expected to record reasons in writing for granting ad interim injunction for dispensing with notice, as such a course of action involves passing of adverse orders against a party who is not heard...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 3 -- Ad interim injunction - Order granting ad interim injunction by dispensing with notice to respondents - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting ad interim injunction - Appeal U.O.43.R.1 CPC is maintainable against such an order...........
