Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have concurrently found plaintiffs..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraint order cannot be passed against a person who is not party to the litigation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Temporary injunction cannot be granted unless and until three ingredients, prima facie case, irreparable loss, balance of convenience are established simultaneously...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right claimed as co-sharer - Plea that name of respondents alone is wrongly recorded in the revenue records - Rights claimed by plaintiffs as co-sharers are still to be decided, which is a matter of evidence to be led by parties - Until and unless their right as co-sharers is decided, it cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - True owner cannot be saddled with temporary injunction in favour of encroacher who has no prima facie case being made out in his favour at the stage of temporary injunction...........
