Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 27 -- Bar of jurisdiction of Civil Court - Plaintiff/senior citizen is owner of house in question and he is not seeking any maintenance or protection from defendants, who are his son, grandson and daughter-in-law - He is simply seeking mandatory injunction to direct defendants to vacate portion of..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and permanent injunction - State is owner of suit property - State is a necessary party represented by District Collector - Suit is bad for non-joinder of necessary and proper party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings on record that plaintiff failed to prove that he is owner of suit property - Even qua construction of shop there was no cogent evidence led by plaintiff - Even, plaintiff stated in his cross-examination that he had no information as to whether any..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
