Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Decree of permanent prohibitory injunction - Satisfaction recorded in one execution petition would not result in dismissal of a further execution petition filed on the ground of subsequent interference caused - Decree of permanent injunction operates perpetually against judgment debtors, their assignees..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Suit land was sold to defendant and same was converted into residential land - Patta was issued to various persons - Plaintiff had not sought relief of declaration as a Khatedar rights - Without getting declared khatedar rights, plaintiff had no right to file suit - Suit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Numerous opportunities given to plaintiff by trial Court to lead evidence but plaintiff failed to appear himself before trial Court - Trial Court rightly closed evidence of plaintiff and rightly came to conclusion that his evidence could not be read - Trial Court and first appellate..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 3, 4 -- Land grabbing - Applicant proved her possession by virtue of title deed and also took out a Commission which identified property in possession of appellant - Special Court also spoke of suits filed by appellant, one of which, seeking injunction against applicant was rejected and other seeking injunction..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Court must satisfy three essential prerequisites before granting an interim injunction i.e: (i) existence of a prima facie case in favour of applicant evincing a reasonable probability of success at trial; (ii) balance of convenience lies in favour of granting injunctive relief; and (iii) applicant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
