Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Municipal Committee rightful owner of the property - Plaintiff in possession - The government holds the property as a trustee of the people and where any attempt is made by an individual or group of individuals to misappropriate/misuse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Sale of specific khasra numbers - Plaintiff in possession of which specific khasra numbers not shown - Partition not reflected in revenue record - Subsequent vendee would hold the land as a co-sharer and would not be in exclusive possession of any portion of the joint holding till..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Jurisdiction of appellate Court - Limited one - Appellate Court should be slow in interfering with the discretion exercised by trial Court in granting temporary injunction - Appellate Court should interfere only if trial Court acted arbitrarily or if its order is contrary to settled principles of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For grant of temporary injunction Court can refer to documents which are produced on record without formal proof - Court has to consider the material on record in its entirety - Affidavits which are filed on record have to be read in consonance with the pleadings of the plaint, pleadings of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after framing of issues and decision of application for temporary injunction - Certain developments after filing of plaint necessitating amendment to claim relief of mandatory injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Does not mean an iron cast case with cent per cent chances of success - Injunction is to be granted where serious question is to be tried - Denial of interim relief to cause prejudice to plaintiff who will suffer penalties imposed by apparently illegal order - Interim injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Defendants purchased land in 1993 - Defendant in exclusive possession of suit land - Obtained licence from competent authority for developing colony - Constructed hundreds of residential flats and other..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without notice - Grant of temporary injunction after hearing the parties - It does not amount to impliedly granting leave to institute suit without serving notice...........
