Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of party seeking injunction is also of utmost importance besides consideration of prima facie case, balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising any construction or changing nature of suit land - On perusal of Jamabandi as well as copies of sale deeds placed on record, Defendant nos. 3 and 4 are in possession of suit land - Plaintiffs are not recorded as owners of suit land - They cannot be said to have any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining interference in possession - When temporary injunction is sought restraining interference in possession then Court should refrain from passing status quo order - Moreso, in the instant case Court has granted status quo order without giving any finding about possession of parties over the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - When constructions have been raised by various co-sharers/plot holders upon suit property, status of land cannot be said to be joint in nature, though it may be subsequently got partition in accordance with law - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction Grant of temporary injunction is not to be claimed by a party as a matter of right nor can be denied by a Court arbitrarily rather, discretion in this regard is to be exercised by a Court on basis of principle applicable to the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-owners - Plaintiff has not come up with specific plea that he is in possession of any portion of joint land - Even, none of parties have come with plea that they are in possession of joint land - Pleadings set up in application as well as main suit..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Review - Disobedience of order of High Court - Violation of temporary injunction order as to disposal of properties - Violation of such order - Failure of defaulter to disclose his assets and existence of concerned Bank account, despite being held guilty of contempt of Court - No error apparent on record -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land was purchased by mother of plaintiffs - Land also mutated in her name - Said mutation is not disputed by defendants - Possession of plaintiff of suit land is proved by them - There is prima face case in favour of plaintiffs - Plaintiffs will suffer irreparable loss and injury, if they were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to establish his possession - Relief could not be granted, unless matter is further gone into merits with regard to title and possession in main suit - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application for temporary injunction at the instance of defendant is maintainable if exigencies as provided U.O.39.Rr.1,2 CPC exist...........
