Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendant from causing any obstruction to plaintiff's enjoyment of suit property - Commissioner's report and oral evidence shows that there was an attempt to interfere with plaintiff's right as claimed - There is also a challenge by defendant against rights conferred on plaintiff as..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Non-impleadment of government as necessary party - Part of the suit property rasta/path and rest of it forms part of the property of plaintiff - No obstruction caused by Government in use of the plaint schedule property by plaintiff - It is not for the defendants to plea the cause of Govt. and obstruct..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right to way - Restraining defendants from obstruction - Nothing to establish the easementary right of plaintiff - Commissioner's report shows that no such way exists which is alleged to be used by plaintiff as approach land to their field - Contention of defendant that plaintiff is using land of his..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-owners - Injunction against other co-owners - Can be granted only when one co-sharer is in possession of a particular portion of property with common consent of all persons and not when one co-owner is in possession over a particular portion of property free of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Obstruction of passage - Grant of - Parties recorded as joint owners of suit land - Enjoying separate and exclusive possession over their shares of land by mutual agreement - By constructing shutter on passage defendant obstructed path leading to plaintiff's house - Obstruction of passage proved by witnesses -..........
Public street -- Obstruction - Suit for declaration that suit property is a public rasta, for mandatory injunction for removal of structures and injunction from interfering with the use of the same - Suit filed for the benefit of himself and for the benefit of the residents of the locality in respect of usage of a lane claiming it as a public lane - Suit is not..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Plaintiff in settled possession - Plaintiff entitled to injunction against obstruction by defendant until he is evicted by due process of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claiming to be in possession and claiming obstruction - To claim his possession plaintiff relying on revenue record - Plaintiff's silence as to agreement of sale and Power of attorney relating to suit property speaks in volumes - Claim of defendant as to possession apparent - Plaintiff not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstruction made by them - Plaintiff prima facie established his right in the property whereas defendants have non - Defendant parking their vehicles in the suit property but had no right to object to the construction made by plaintiff - Plaintiff will suffer irreparable..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Obstruction - D.H. is to be put into possession - To put behind bars or to attach property of wrong doer is no relief to the D.H. - Relief to D.H. is only by giving respect to the Court's decree...........
