Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Superstructure already raised - Instead of granting injunction, defendant directed to furnish an undertaking that in the event suit is decreed he would remove construction at his own risk and cost...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Against sale of mortgaged property - Plea of plaintiff that he was owner of half of property mortgaged by co-owner - Record showing that plaintiff had executed Relinquishment deed in respect of his share of property in favour of co-owner - Plaintiffs attempt to seek injunction restraining bank from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Appellate Court granted stay of operation of order granting temporary injunction without hearing other side - Held, not proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit barred by O.2.R.2 CPC - Temporary injunction cannot be granted - Suit for specific performance - Suit property sold to third party during pendency of suit for injunction - Restraining third party from changing nature of suit property and from raising any construction - Suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Jurisdiction - Clause in agreement viz. 'Court of Bombay and no other Court' - Plea of not consciously agreeing to the exclusion of jurisdiction of Courts other than Bombay - Until a clear finding is recorded that Court has territorial jurisdiction to try the suit, no injunction can be granted in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Joint property - Construction of - Temporary injunction - Restraining transfer/alienation of joint property - Grant of - Property in question was purchased by members of joint family - Purchasers mutated their names separately in Municipality - Prima facie property would be presumed to be separately owned by parties -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining alienation and raising construction - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens and construction raised will be at own risk or on the basis of an undertaking that there will be no alienation and construction will be at own..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Can be issued at the instance of a defendant against co-defendant...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted only in exceptional cases coming within exceptions noticed in Dorab Cawasji Warden case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Expiry of period of license - Suit for possession - Interim mandatory injunction directing defendant to hand over vacant and peaceful possession of premises - Cannot be granted - Granting of interim order directing handing over of possession would only mean decreeing the suit even before..........
