Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraining defendant from alienating, transferring or creating third party interest in the suit property - Out of consideration of 45 Lakhs an amount of Rs.42.50 lakhs paid in cash at the time of execution of agreement to sell - Payment of cash..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Rights of parties are finally to be determined in the suit itself - Status quo order was justified in order to preserve the suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Defendants sold their undivided share - Third party stranger cannot be granted possession of undivided share in a joint family property, by virtue of S.44 TPA - He has to work his remedies and seek partition - Defendants restrained from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction - Construction of considerable magnitude already made - Entire amount under the agreement already made - Plaintiff not to suffer any substantial injunction if injunction is not granted - If ultimately suit is decreed plaintiff can be compensated in damages or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not approaching Court with clean hands - Held, plaintiff is not entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contract rescinded - Order rescinding contract whether ante dated, illegal, mala fide or genuine has to be gone through during trial - If the contract was wrongly rescinded, plaintiff will get adequate damages/compensation for wrongful recession of the contract - Held, injunction cannot be granted to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Common wall - Temporary injunction - Restraining defendant from causing damage to party wall - Trial Court directing defendant to give an undertaking that in case while constructing his portion including his share in the disputed party wall, if any damage is caused to plaintiff's property he will either get damaged..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from dealing with his property - While granting injunction condition can be imposed on plaintiff that in case he fails in his suit he will pay to defendant the difference between the agreed price and present market value of the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While passing an interim order of injunction Court is required to consider three basic principles namely, (i) prima facie case; (ii) balance of convenience and inconvenience; and (iii) irreparable loss and injury - Court must also take into consideration the conduct of the parties - A person who had..........
