Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nuisance - Feeding of birds, by neighbourer, by placing a tray below balcony window - On account of said feeding from metal tray, a large number of birds frequent said tray causing nuisance to plaintiff on account of bird droppings as well as filth created by birds - A person cannot use his premises..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Mandatory order - Court is within its powers to pass an order which would make the grant of temporary injunction meaningful...........
Limitation Act, 1963, Section 22, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Continuing nuisance - Delay in filing suit - Plaintiff after making all other efforts to amicably resolve the issue have filed the suit in question after 10 years - Assuming that there is some delay it cannot come in the way of plaintiff as on account of said delay no right is created in..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Lack of jurisdiction - Return of plaint - Court passing interim order without having jurisdiction - Before returning plaint, Court to recall and vacate the interim order, which was passed without jurisdiction to enable plaintiff to obtain a valid order from the proper court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Cannot be treated as `res judicata' but if same thing has been pleaded then that may be treated as an abuse of the process of Court and the application can be rejected on that ground...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34 -- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by..........
