Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - Dispossession despite order of status quo - In absence of a clear prima facie finding that plaintiff was in possession on the date of filing of suit and on the date of passing of exparte status quo order and that he is dispossessed thereafter, an order for interim mandatory injunction should..........
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Restitution - Dispossession despite order of status quo - Interim mandatory injunction granted - Possession delivered to plaintiff - Order set aside by Supreme Court - Possession ordered to be restored to defendant - Defendant not to create third party interests pending disposal of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of interim mandatory injunction - Dispossession alleged despite status quo order - Interim mandatory injunction is granted only in circumstances which are clear and where prima facie material clearly justify a finding that the staus quo has been altered by one of the parties to the litigation and the interest of..........
Constitution of India, 1950, Article 227 -- Revisional jurisdiction of High Court - Scope of Interference - Interim mandatory injunction - Jurisdiction to grant interim mandaotry injunction can be exercised after giving a finding that on the day of order for maintaining the status quo, the plaintiff was in possession and after the passing of the order he was infact..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Suit for declaration regarding ownership - Plaintiff's claim that she is owner of suit property and defendants are rank trespassers - No document of title in favour of defendant - Defendant alleged secured power of attorney - Are also in possession of certain signed documents of predecessor in..........
Specific Relief Act, 1963, Section 37, 38 -- Demolition of room constructed by one joint owner inspite of status quo order - Concurrent finding of fact of Courts below that plaintiff is joint owner of the suit land - Assertion of defendant that he is in exclusive possession of suit land not accepted by Courts below - Conclusion of Courts below supported by mutation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraint order from interference with possession sought - Agreement denied by vendor - Vendor alleged possession of another vendee under registered sale deed - Plaintiff admittedly in possession - Plaintiff having prima facie case on raising a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory mandatory injunction - Defendant allotting the area in question to the plaintiff-company by communication dated 30.11.1999 - Plaintiff depositing the entire amount of consideration within the stipulated period - Defendant contending that Information Technology is to be housed in Shimla on priority basis and,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant - Once it is established that the plaintiff is a tenant and is in possession in that case the status quo order cannot be issued because it can affect his tenancy rights as under the garb of status quo order the person with muscle and authority try to disturb the possession of others...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff claiming to be in possession of property - Defendant's also claiming to be in possession - Owner's supporting case of plaintiff - Commissioner's report saying that plaintiff in physical possession - Trial Court granted temporary injunction - Held, status quo on spot to be maintained pending..........
