Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for rejection of plaint be decided before deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 4 -- Vacation of ad interim injunction - Court while considering application for vacation of order of temporary injunction U.O.39.R.4 CPC or any other provision, cannot ignore mandate of S.148-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction upon suit property - Construction carried out by defendant upon suit property is in accordance with approved plan, as per Municipal bye laws/rules etc. and at the place where defendants old structure earlier existed - There is thus, no dispute between..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Claim that suit property be preserved and protected during pendency of suit and restraining defendant from alienating, selling, disposing, encumbering or changing nature of suit land - Plaintiff claiming to be present in the office of Sub Registrar with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction of second story over already existing structure - Possession of defendants over piece of land is not disputed by plaintiffs - Defendants had already raised construction of a single storey structure and it was this structure which was sought to be got..........
