Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection in question stand..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Scope - Power of appellate Court - Even the relief not claimed by defendant has been given in impugned order - Proprietary of - Held, first appellate Court has gone beyond the relief claimed, holding that defendant can do interior work, which included the flooring, tiling,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Minority and Guardianship Act, 1956, Section 8 -- Temporary injunction - Grant of - Alienation of property of minors - Petitioner instituted petition u/s 8 of the Act to seek permission to sell property of minors without impleading father of minors as party, although he was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance of agreement to sell - Plaintiff sought temporary injunction restraining defendants from alienating suit property during pendency of suit - Held, interest of both parties can be safeguarded by directing that if defendants want to alienate suit land during pendency of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Power Grid Corporation - Erection of electric towers on private property - Held, electricity is necessary for national development as well as for welfare of citizens - This can happen only if electricity generated at one part is transmitted to that part where it is needed - Transmission is..........
Civil Procedure Code, 1908, Section 94, 135, Order 39, Rule 1, 2, 3A -- and Trade Marks Act, 1999, - Temporary injunction - Registered trade mark - Infringement - Trial court is empowered to consider prayer for grant of an ex parte order of temporary injunction - However, it would be in its realm or domain to examine facts of each case either to grant or refuse an order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and mandatory injunction - Already in earlier suit temporary injunction was granted - Since suit is at trial stage, it cannot be said whether petitioner has been dispossessed from any portion of suit property during pendency of suit - Petitioner shall amend his plaint and seek..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte order granting temporary injunction - Refusal to extend - Validity of - Ex parte order granted - Suit for permanent injunction alongwith an application U.O.39.Rr.1 & 2 of CPC filed by petitioners - Court below granted ex-parte status quo order - Said status quo order was extended from time to time on various dates..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction - More than 7 years passed and now defendants are trying to encroach upon the property of petitioners - Held, writ petition is disposed of with observation that Court below on application U.O.39.Rr.1 and 2, CPC, will pass appropriate order in interest of parties...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Section , Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 43, Rule 1-A -- Undertaking given in terms of temporary injunction - Suit withdrawn - Without getting the suit restored, undertaking given cannot be enforced...........
