Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 6 -- Temporary injunction - Suit for possession u/s 6 of Specific Relief Act - As order passed u/s 6 of Specific Relief Act is not appealable as such an order passed U.O.39.Rr.1, 2 CPC in proceedings u/s 6 of Specific Relief Act is not appealable...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Violation - Case adjourned repeatedly for filing objections - Adjournment also sought on ground that Advocate was lying ill which was turned down on ground of repeated adjournments - Subsequently an application filed that objections could not be filed due to incorrect entry made by counsel in his..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application for temporary injunction Court is not required to give finding upon disputed questions - Of course, facts are required to be observed in the order but at that stage finding is not required to be given...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claiming to be in possession and claiming obstruction - To claim his possession plaintiff relying on revenue record - Plaintiff's silence as to agreement of sale and Power of attorney relating to suit property speaks in volumes - Claim of defendant as to possession apparent - Plaintiff not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If permanent injunction cannot be issuee, then temporary injunction can also not be issued...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Doctrine of part performance not open to be invoked - Grant of temporary injunction on the basis of claim for possession based on such agreement is not permissible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Unregistered agreement for sale - Possession not proved - Finding of possession is perverse being based on practically no material on the record apart from the reliance upon the unregistered document which is impermissible in law - Order granting injunction set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraining defendant from alienating, transferring or creating third party interest in the suit property - Out of consideration of 45 Lakhs an amount of Rs.42.50 lakhs paid in cash at the time of execution of agreement to sell - Payment of cash..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Rights of parties are finally to be determined in the suit itself - Status quo order was justified in order to preserve the suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Defendants sold their undivided share - Third party stranger cannot be granted possession of undivided share in a joint family property, by virtue of S.44 TPA - He has to work his remedies and seek partition - Defendants restrained from..........
