Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Disputed ownership or title cannot be determined in an interlocutory application until and unless applicant provides clear and irrefutable evidence of ownership and possession of suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction - Ancestral property - Partition has not taken place and if without any partition, transfer of disputed property is done, then same would amount to multiplicity as well as complexity of litigation - Application allowed. ( Paras 7 & 8)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Whenever an ad interim injunction is granted by dispensing with notice to opposite party, Court is expected to record reasons in writing for granting ad interim injunction for dispensing with notice, as such a course of action involves passing of adverse orders against a party who is not heard...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting ad interim injunction - Appeal U.O.43.R.1 CPC is maintainable against such an order...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Police protection orders are not intended to operate as instruments for recovery of possession - Directing police to dispossess others and restore possession would, in effect amount to execution of a decree, which can only be sought in execution proceedings U.O.21 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief cannot be granted when it amounts to granting final relief itself or when parties seeking such reliefs lack legal possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order is binding upon the parties to the litigation...........
