Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Temporary injunction sought restraining defendant not to alienate the suit property till disposal of suit - Plaintiff an old lady and her son is also illiterate - In case defendant is not restrained from alienating the property, then unnecessary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Raising construction - Plaintiff himself raised construction on the joint property - Held, there is no equity in his favour to challenge the construction to be raised by other co-owner who has been given exclusive possession under a sale deed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Ad interim injunction - Defendant who has filed counter claim can seek temporary injunction as counter claim has to be treated as an independent suit which could be filed even on different cause of action...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Besides consideration of basic elements, Court must consider conduct of parties - While considering an application for grant of injunction, the Court will not only take into consideration the basis elements in relation thereto, viz. existence of a prima facie case, balance of convenience and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted only in exceptional cases - No specific pleadings that flour mill in the shop in question was definitely in possession of the plaintiffs - Not a case of exceptional circumstances - Order declining temporary mandatory injunction upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suppression of material facts - Held, a party who suppresses from the Court, material facts, does not deserve the grant of any discretionary relief, much less a temporary injunction - Court will not help a party who has not come with clean hands - Injunction declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Municipal Committee rightful owner of the property - Plaintiff in possession - The government holds the property as a trustee of the people and where any attempt is made by an individual or group of individuals to misappropriate/misuse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Sale of specific khasra numbers - Plaintiff in possession of which specific khasra numbers not shown - Partition not reflected in revenue record - Subsequent vendee would hold the land as a co-sharer and would not be in exclusive possession of any portion of the joint holding till..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Jurisdiction of appellate Court - Limited one - Appellate Court should be slow in interfering with the discretion exercised by trial Court in granting temporary injunction - Appellate Court should interfere only if trial Court acted arbitrarily or if its order is contrary to settled principles of..........
