Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Temporary injunction cannot be granted unless and until three ingredients, prima facie case, irreparable loss, balance of convenience are established simultaneously...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right claimed as co-sharer - Plea that name of respondents alone is wrongly recorded in the revenue records - Rights claimed by plaintiffs as co-sharers are still to be decided, which is a matter of evidence to be led by parties - Until and unless their right as co-sharers is decided, it cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - True owner cannot be saddled with temporary injunction in favour of encroacher who has no prima facie case being made out in his favour at the stage of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card shown by plaintiff also..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction order - Disobedience - Defendant restrained from raising construction - Respondent No.2 raising construction on behalf of defendant - Respondent No.2 not a party in the suit - Not established on record that he was working on behalf of defendant - Injunction order was not passed in the presence of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Remedy for defendant is to file appeal - Writ petition not maintainable...........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 1, 2 -- Order U.O.39.Rr.1, 2 CPC - Appeal - If an order is passed by any Court U.O.39.Rr.1, 2 CPC by trial Court or by appellate Court, as the case may be, appeal lies u/s 104(1) CPC but thereafter, no further appeal would lie, as legislative bar contained in S.104(2) CPC would apply in full force...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Section 151 -- Temporary injunction - Non filing of reply by defendant - Right to file reply closed on 19.12.2017 - Defendant seeking to file reply to temporary injunction application on 31.01.2019 - O.8.R.1 CPC gives 30 days time to defendant to file..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
