Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For granting interim injunction, three factors are required to be considered i.e. prima facie case, balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff not challenged so High Court not entering into issue of prima facie case - Balance of convenience lies in favour of defendant and it would be defendant who would be facing comparative more hardship and irreparable loss, if temporary injunction is granted -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both plaintiff and defendant assert possession over suit property - Complex factual and legal issues arise in the case, which can only be thoroughly examined and resolved through a detailed trial - Plaintiff would suffer irreparable harm if injunction is not granted - If property was to be alienated,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding an application for interim relief there was no occasion for High Court to consider the documents - Legality, validity, and admissibility of those documents were matters to be considered in the suit during trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
