Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order declining ad interim injunction - Appeal - If Court just gave notice of application U.O.39.Rr.1, 2 CPC to other party without expressing any opinion declining the ad interim injunction then appeal is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Any order granting or declining injunction cannot be passed U.O.39.R.3 CPC independently of O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal u/s 207 of U.P. Revenue Code - Maintainability - Interim order directing parties to maintain status quo was passed ex parte - Said order would fall U.O.39.Rr.1, 2 CPC - Appeal u/s 207 of U.P. Revenue Code would lie against such an order and revision u/s 210 of said Code is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from alienating the property or creating any charge on the same and not from using the property - In civil litigation involving property, suit property needs to be protected - Order partly allowing application, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Non-compliance of provision of O.39.R.3 CPC - Ex parte interim injunction granted in favour of plaintiff with condition as provided U.O.39.R.3 CPC - However, there is non-compliance of provision of O.39.R.3 CPC by plaintiff, as copy of plaint, affidavit with necessary documents were not sent to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against owner of land on the basis of registered sale deed executed after full consideration having been paid for the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating or encumbering suit property till disposal of suit - Partition suit - Defendant contended that there was already partition deed of the year 2008 - Right of plaintiff is to be ascertained in the trial and matter is to be considered on merits - If nature of..........
