Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for injunction based on possession on the basis of unregistered and insufficiently stamped instrument, which under law does not affect such immovable property - Plaintiff has no prima facie case in his favour - Order vacating injunction, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Proof of prima facie case existing/non existing in favour of a party praying for a temporary injunction is a sine qua non for grant/refusal of said relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contention that vendor has not been made party or property description is incorrect - These are matter of trial when prima facie case is established by a party to a litigation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out construction over suit land - Plaintiff inherited the suit property along with defendant - Suit land is not partitioned - Construction over suit property will cause injury to plaintiffs right as co-sharer - Prima facie case is thus, in favour of plaintiff - In..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit land till disposal of suit - Plaintiff claimed title to suit land on basis of purchase made in the name of predecessor-in-interest of defendant - However, there is no details of sale by virtue of which, plaintiff claims to have purchased suit land - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case, balance of convenience and irreparable loss were in favour of plaintiff - But despite that trial Court permitted non-applicant to sell suit property or part thereof and/or to create third party rights in suit property - Order of trial Court is found to be arbitrary and capricious..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Material available on record found that plaintiffs having no prima facie case, balance of convenience and irreparable loss in their favour - However, there is a sale deed executed by original owner in favour of defendant no.1 and thereafter another sale deed in favour of defendant no.3 on the basis..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For grant of injunction, existence of three ingredients i.e. prima facie case, balance of convenience, irreparable loss or injury, is not only mandatory, rather they all should co-exist...........
