Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction from dispossession - Before plaintiff can be granted an injunction from being dispossessed he has to prima facie prove that he is in settled possession, particularly when he is seeking injunction against owners...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - Plaintiff claims to have perfected his title by adverse possession - However, he has not pleaded as to how he entered into possession - Plaintiff has neither produced electricity bill nor produced any other relevant material to prove his possession - There is not even a single entry..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff unable to show that he is owner of suit land and is in possession thereof - Three ingredients for grant of injunction i.e prima facie case, balance of convenience in favour of plaintiff and that plaintiff would suffer irreparable injury if temporary injunction is declined, are not satisfied..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction and not to create third party right - Suit for possession on basis of title - Construction was already been made on suit property - Suit is still pending and it is yet to be decided as to whether plaintiffs are entitled to possession of land in question based upon..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Physical possession of plaintiff appears to be in dispute - Court should not pass an order of temporary injunction as it would impinge upon possession of co-owners unless there is convincing and cogent materials shown by such litigant evincing the physical possession in the joint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from entering over suit property - Plaintiffs are claiming their actual settled possession over property - However, no positive evidence brought on record by plaintiff to establish their actual possession over suit property - Plaintiff cannot seek injunction against true..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from dispossessing plaintiff from suit property - No proof of possession by plaintiff - Possession ordinarily follows title and for success plaintiff should have produced some evidence to show that he is in possession - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Restraining other co-owner from raising construction - Injunction against other co-owner can only be granted when any act of the person in possession of the property amounts to ouster prejudicial or adverse to the interest of the co-owner out of possession - Mere making of construction or..........
