Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - So long as interim order of status quo remains in operation and is not specifically vacated or varied or modified, it is bounden duty of trial Court to ensure that its order is implemented in letter and spirit and if need be, police agency can be called upon to do so...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - Till Court takes a decision with regard to maintainability of suit or with regard to sustainability of order of status quo, parties shall abide by interim order of status quo and SHO shall ensure that none of the parties violates the order of status quo...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - While deciding such application, Court touching upon merits of suit - Trial Court exceeded its jurisdiction, rather exercised jurisdiction not vested in it by touching upon merits of suit while deciding application seeking implementation of its order - Impugned order set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of copyright - Plaintiff sought temporary injunction against defendants from telecasting or exhibiting their web series by name `Singardaan' - Plaintiff writer and original author of story `Singardaan' which was published much before making defendant's web series - Defendant's work done..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim prohibitory injunction - Plaintiff prima facie proved his title and possession over suit property - However, no material on record to show that defendant was ever in possession of plaint schedule property - Merely because plaintiff is working in Italy as a priest, it cannot be said that plaintiff is not having..........
