Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - `Prima facie case' means that there is a serious disputed question to be tried in the suit and that an act, on the facts before the Court, there is probability of plaintiffs being entitled to the relief asked for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A permanent injunction is an order of substance and ought to be treated as such...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Burden of proof - Suit for permanent injunction filed by plaintiff restraining the defendants and their men from interfering with their possession and enjoyment over the suit property - Burden is on plaintiff to prove that they are in possession and enjoyment over the suit property as on the date of suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant admitted possession of plaintiffs over suit property since 20 years prior to institution of suit - Even, as per own case of defendant that he is not claiming any title in the suit property - Therefore, defendants and their men are not entitled to interfere with the possession and enjoyment of..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff's own case was that he was allowed to occupy the additional plot of land in question by defendants without any formal allotment - Plot of land admittedly belongs to a third person who is a migrant - Therefore, there is no legal right or interest created in favour of plaintiff so as to entitle..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating and transferring suit property during pendency of suit - Apprehension expressed by plaintiff of being put to irreparable loss and injury has been found to be baseless, as right if any of plaintiff shall be protected by application of principle of lis pendens -..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11(d) -- Return/rejection of plaint - Jurisdiction of Tribunal - Suit for permanent injunction claiming easementary right - S.83 of Wakf Act, 1995 permits entertainment of suit by Tribunal - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Trial Court while granting ex parte interim order has not considered the three basic principles as per O.39.Rr.1, 2 CPC i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned orders set aside - Matter remitted back to trial Court for fresh order...........
