Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3(a) -- Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable unless and until plaintiff complied with the previous order - Impugned order set aside - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Scope - Power of appellate Court - While reversing findings U.O.39.Rr.1, 2 CPC, appellate Court has limited jurisdiction and should not go beyond prayer made in temporary injunction and grant final relief at interim stage...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Vacant property - In case of vacant property, which is incapable of being physically possessed all the time, principle of possession follows title is applied...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie plaintiff established his title over suit property - Incidentally, plaintiff also proved to be in lawful possession of property as against defendant no.1, who failed to establish prima facie title at interlocutory stage - Balance of convenience in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 3A -- Ex parte interim injunction - Granted without notice to other side and without recording any reason for doing so - Not proper, particularly, when application U.O.39.Rr.1, 2 CPC was not adjudicated within one month by ignoring legislative mandate incorporated in O.39.R.3-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction in temporary form - Removing construction/wall and to make available right of access/way to plaintiff - Plaintiff not filed any documentary evidence to establish that he is using way for last 20-22 years uninterruptedly - Prima facie there is no case in favour of plaintiff to grant mandatory injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be granted automatically on ground of weakness in case of defendant - Plaintiff is required to establish prima facie case and balance of convenience in his favour and that he will suffer irreparable loss if injunction is refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Corporation from demolition of suit structure - Plaintiff produced documentary evidence to prove authenticity of structure - However, trial Court did not properly consider documents produced on record and refused to grant injunction on the ground that plaintiff has no locus..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining respondent no.1 from creating third party interest in the suit property - Plaintiff prima facie failed to prove that he is having 50% share in suit land, as there was no document to that effect - Even otherwise, third party interest in suit land could not have been created without..........
