Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
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 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate facts arising subsequent to filing of suit - Amendment sought cannot be said not necessary, inasmuch as, suit is for permanent injunction and thus, both the parties would make an endeavour to plead and to prove that they are in possession of property in question -..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Maintainability - Where question of title is not in dispute then suit simpliciter for permanent injunction is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 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..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
