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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating suit property during pendency of suit - Any alienation effected during pendency of suit is always subject to the result of suit - To avoid multiplicity of proceedings, defendant is directed to maintain status quo till disposal of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating ancestral property - Once a specific finding has been given by Court in writ petition that plaintiffs have failed to prove land in question to be an ancestral property which was further affirmed by Division Bench, same fact and same pleadings cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If property in question is not protected during pendency of suit or defendant are not restrained from alienating property, plaintiff would definitely suffer irreparable injury as third party rights would be created in the property - Since, defendants have a gift deed in their favour as of date,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Court below exercised the discretion by restraining defendant from interfering in peaceful possession of property as well as restraining them from alienating property in any manner - Such exercise of discretion does not seem to be arbitrary, patently..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit property and from creating third party rights - While deciding application observation made on merits of suit - Virtually it is final adjudication of matter - Impugned order quashed and set aside - Trial Court to decide suit itself within a period of one..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing and alienating suit property - Prima facie plaintiff is not sole owner of suit property and his possession of suit property is not prima facie established - Plaintiff is not entitled to relief of temporary injunction - Order allowing application for temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
