Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad-interim mandatory injunction - Against defendants for unlocking suit premises - Plaintiff purchased suit property 6 months prior to institution of suit in auction conducted by Bank under SARFAESI Act - He is also in possession of suit property, constituted undisputed and uncontested status thereof -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 58 -- Mortgage - Injunction - Modification of order - In the instant case, mortgage was created by defendant/petitioner without delivery of possession of land in favour of plaintiff/respondent - Plaintiff filed application U.O.39.R.1 CPC for restraining defendant from parting with..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked with direction given to..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte temporary injunction order - Disposal of application within 30 days - Court can vacate or modify the order only when defendant files his written statement and statement of objection to the application or an application U.O.39.R.4 CPC - If Court has to come to a contrary opinion, it is duty of defendant to make out a..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte temporary injunction order - Disposal of application within 30 days - Plea that defendant gets a right of appeal if application is not decided within 30 days - Held, that right is always available only when he is ready to argue by putting forth his defence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendants are registered owners of suit land and in possession of the same - Neither prima facie case found in favour of plaintiff nor balance of convenience or any irreparable injury - Interim injunction rightly refused by trial Court - Appellate Court while affirming said findings of trial Court..........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree - Property of JD situated outside jurisdiction of Court which passed decree - Execution petition transferred to competent Court situated in U.P for further proceedings - Court deems it appropriate to issue a transfer certificate in favour of DH transferring the present petition to competent Court..........
