Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Normally court grants injunction in favour of a person in possession of the property so that there is no interference in his right to enjoy the property - However, the Court shall be reluctant to grant injunction where a person is going to be deprived of his right to get possession in pursuance to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff in possession - It is a well recognised principle of law that even a trespasser is entitled to remain in possession over a property unless he is dispossessed by the owner in accordance with law...........
Civil procedure Code, 1908, Order 40, Rule 1, Civil procedure Code, 1908, Order 39, Rule 1, 2 -- Court can appoint a receiver when relief of injunction may not serve the desired end in full...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Dispossession during pendency of suit - Amendment sought claiming relief of possession - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Public street - Local body has no right to put up any obstruction over the public street so as to prevent access to adjoining property - Owner of adjoining property has a right to seek interim injunction for restraining such obstruction - Owner of adjoining property has a right of access at every point where his land..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- The thrust of Rule 2-A is not of implementation of the order but of punishment of violation of order of injunction or of undertaking given to the Court...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Disobedience of injunction - Court does not become functus officio on decision of the case and the application under Order 39 Rule 2-A cannot be dismissed solely on that ground...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Scope - The thrust of the provision is not of implementation of the order but of punishment of violation of order of injunction or of undertaking given to the Court - Provision does not deal with implementation but with punishment for disobedience...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- In an injunction suit defendant restrained from raising construction in the street which obstructed the passage to house of the plaintiff-defendants stacking bricks and putting cowdung cakes and fixing hooks for tethering cattle - Held, it amounts to construction as it blocked the approach to the house of the plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- An interim injunction sought from interference in peaceful possession and enjoyment of suit premises till evicted under law - Plaintiff's brother was tenant against whom order of eviction passed - Plaintiff not made party to the eviction proceedings - Plaintiff failing to establish that he is in possession in his own right..........
