Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction Grant of temporary injunction is not to be claimed by a party as a matter of right nor can be denied by a Court arbitrarily rather, discretion in this regard is to be exercised by a Court on basis of principle applicable to the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-owners - Plaintiff has not come up with specific plea that he is in possession of any portion of joint land - Even, none of parties have come with plea that they are in possession of joint land - Pleadings set up in application as well as main suit..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from discontinuation of irrigation facilities - Land in question is uncommand land - Plaintiffs thus, not entitled to irrigation facilities - Moreover, order by which plaintiffs were being provided irrigation facilities has been cancelled, thus, whatever right plaintiffs had to get the..........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for permanent injunction - Discontinuation of irrigation facilities - Order granting irrigation facilities to plaintiffs has been cancelled - Merely because despite passing of cancelling order, plaintiffs continued to get irrigation facilities till the year 2012 and notice was issued to them proposing to discontinue..........
Mutation -- On the basis of Will - Not permissible because revenue authorities have no jurisdiction to decide question of correctness of Will - Petitioner is at liberty to file a suit for declaration of title and permanent injunction...........
Specific Relief Act, 1963, Section 39 -- Suit for declaration and permanent injunction - Plaintiff clearly proving that his possession follows his title - Even, revenue and land records are in name of plaintiff - Revenue records of defendants based upon deed of conveyance without any title cannot stand in way of granting relief of mandatory injunction to plaintiff -..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Review - Disobedience of order of High Court - Violation of temporary injunction order as to disposal of properties - Violation of such order - Failure of defaulter to disclose his assets and existence of concerned Bank account, despite being held guilty of contempt of Court - No error apparent on record -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land was purchased by mother of plaintiffs - Land also mutated in her name - Said mutation is not disputed by defendants - Possession of plaintiff of suit land is proved by them - There is prima face case in favour of plaintiffs - Plaintiffs will suffer irreparable loss and injury, if they were..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Amendment sought to incorporate relief of possession - Suit for declaration simpliciter is not maintainable, if consequential relief of possession is not claimed in a situation where party seeking declaration is out of possession of suit property - However, this..........
