Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction against State - Limitation - Since State cannot take plea of adverse possession therefore, plea of limitation cannot be taken by State - Suit not barred by limitation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Parties are already before Court of competent jurisdiction claiming partition of suit property - Injunction granted by appellate Court with respect to maintenance of status quo regarding construction cannot be sustained and thus, set aside - However, restraint against defendant no.1 qua..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Limitation - There is no limitation for filing application for execution of decree of permanent injunction and application U.O.21.R.32 CPC can be filed many times...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Suit property was subject matter of earlier suit in which defendants right and title of suit property was accepted - Very description of property and extent as alleged in the plaint are not true and correct and not proved by plaintiff - Plaintiff has to prove his case on his own..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicter without seeking relief of declaration - Plaintiff asserted his title over trees grown in the suit land - Defendants however, specifically stated that trees were sold along with suit property - When there was a clear cloud cast on plaintiff's title over trees, plaintiff must ask for relief of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Specific Relief Act, 1963, Section 37, 38, 41(j) -- Suit for injunction - When plaintiff has no personal interest in the subject matter, he is not entitled to seek equitable relief of injunction...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that gift deed is null and void and permanent injunction - Plaintiff alleges that gift deed is not a result or fraud and misrepresentation - Onus was upon plaintiff to prove the same, but plaintiff miserably failed to demonstrate and prove this fact - Concurrent findings of Courts below that..........
