Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment application want to change the entire nature of suit from recovery suit to one for mandatory injunction - Amendment if allowed at this stage would amount to a de novo trial which cannot be permitted in law - Application rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff failed to establish his exclusive ownership and exclusive possession over suit land - No revenue documents have been placed on the record in evidence to show that plaintiff and defendant are in possession of a certain specific portions of suit land - In the absence of any evidence having..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicter - Maintainability - If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of temporary injunction matter, a mini trial cannot be conducted - Consideration of such questions at the stage of temporary injunction, will certainly affect the merits of suit during trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Existence of prima facie right and infraction of enjoyment of right is a condition for grant of temporary injunction...........
