Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Validity - Whenever under exceptional circumstances, status quo order is granted instead of temporary injunction, it is incumbent upon Court to give finding as to particulars of status quo that it wants to be maintained - Impugned order of granting status quo without going into..........
Injunction -- Discretionary and equitable relief of injunction - Should not be granted to a trespasser with respect to public land...........
Injunction -- Once plaintiff is neither owner and nor is in settled possession of suit land, plaintiff has rightly been denied relief of injunction by dismissing his suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of wall and to keep service lane open as an approach way - Defendant specifically pleaded that wall was constructed on the basis of permission granted by defendant no.2 vide sanction order - Said sanction order not denied by plaintiff - However, there is admittedly no challenge to said sanction order -..........
Civil Procedure Code, 1908, Section 92, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with affairs of plaintiff trust - Defendants continue to act as trustees of plaintiff trust, as their removal by plaintiffs is bad in law - Trust being charitable, defendants can be removed only by invoking S.92 CPC - Injunction order restraining..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Oral Family settlement - As a consequence thereof exclusive possessive over suit property duly pleaded and proved by plaintiff by examining more than one witness - Defendants could not bring on record any contrary evidence - Suit of plaintiff rightly decreed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of possession and permanent injunction - Rejection of plaint sought on the ground that plaintiff has not sought relief of declaration of title to property - However, from the averments in the plaint, title claimed by plaintiff is not in dispute - It was thus, not incumbent upon..........
Criminal Procedure Code, 1973, Section 147 -- Proceedings u/s 147 Cr.P.C. - Subsequent thereto civil suit filed - Order of status quo passed by Civil Court - SDM passed order of removal of obstruction after passing of status quo order by Civil Court - Civil Court has ample jurisdiction to issue ad interim mandatory injunction for removal of unauthorized..........
