Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inheritance of property by two brothers in equal share by way of Will - Plaintiff claiming to be in possession of room on first floor on portion of his brother - Brother sold out his share - Plaintiff seeking restraint order from demolishing house resulting in demolish of room in his possession on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Removal - Plaintiff directed to remove his encroachment from disputed land in ejectment proceedings - Appeal not preferred against such an order - Plaintiff failed to prove prima facie case - Injury likely to be caused by ejectment of plaintiff was taken care of by State by offering..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 6 -- Temporary injunction in a suit u/s 6 of Specific Relief Act can be granted to ensure that property in dispute is not alienated, altered, demolished, removed or destroyed during the pendency of the suit...........
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..........
