Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Once an application for stay U.O.39.Rr.1,2 CPC is filed along with appeal, it is incumbent upon Appellate Court to decide the same expeditiously, particularly where allegations of interference and breach of peace are raised...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on the part of defendant to show possession or construction or even `further possession' - Even, defendant failed to mark exhibits on his behalf in proof of title and possession - There is no contra evidence to rebut the claim made by plaintiff seeking temporary application - Temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Can be granted in favour of plaintiffs against defendant for preventing defendant from alienating or transferring disputed property, even if principle of lis pendens enumerated in S.52 of Transfer of Property Act is applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - While granting interim injunction U.O.39.Rr.1, 2 CPC, disputed issues such as alleged oral partition or affidavits regarding prior sales, cannot be conclusively determined at this stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with peaceful use of electric motor - Sanad Taksim along with site plan, demonstrates that sufficient portions of land, motor room and approach paths have been allocated to both brothers - This ensures that plaintiff can freely access and use electric..........
