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 - Possession of suit land is main consideration while considering petition U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie - Means case is triable...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of party - Requirement of conducting enquiry - Suit for permanent injunction - Plaintiff already mentioned in plaint the fact of his two sons carrying on business along with him - On death of plaintiff-father, right to sue survives with the sons on the basis of averments made in the plaint - No need to conduct..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 7, 19 -- Maintenance - Petition by grand daughter against her grand father - She claims to have lived and is living in the shared accommodation with the applicant - She alleges that after her father's death applicant neither provided any financial support and on the contrary inflicted physical/mental torture..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of passing temporary injunction order, Court is obliged to form it's opinion on availability of prima facie case in favour of plaintiff and further record it's satisfaction regarding two other necessary ingredients viz. balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Means there is serious question to be tried in suit to dispel cloud of doubt relating to plaintiff's entitlement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for preemption - Court of first instance is expected to examine prima facie case with a practical and pragmatic approach sans purely pedantic and idealistic view of the matter - A litigant, who has approached Court asserting his right of preemption, is required to plead and prove for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed that conveyance in respect of..........
