Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Flats were sold away by appellant No 1 in 1983 - Additional FSI or facility of TDR was made available by Govt. in 1994 - Appellants prima facie did not have any right, title or interest either in said plot or on building standing on that plot - Held, if under any new scheme of additional FSI or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for granting any ad interim relief -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Temporary injunction - Dismissal of suit for permanent injunction - Appeal against - Grant of temporary injunction without endorsement regarding service to defendant - Order of status quo passed - Impugned order does not indicate that there was an urgency in the matter - O.39.R.3 CPC not complied with - Notice not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain construction for stair case and had..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Exparte injunction - Appeal against - Appellant contended that the plaintiff took forcible possession - Plea based on certain documents which were not part of record of the trial Court - Appeal dismissed - Liberty given to appellant to file appropriate objections alongwith..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 3-A -- Ad interim injunction - Refusal to grant ex parte ad interim injunction - Appeal against - Not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Exparte interim injunction or interim injunction after notice or interim injunction after deciding the application finally, are all orders U.O.39.R.1 & 2 CPC against which an appeal lies u/s 43 rule 1 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte temporary injunction granted - Subsequently injunction application dismissed - Appeal against - Both the parties through respective counsels sought direction to the trial court to decide the suit within a particular period and further directing for maintenance status quo during pendency of the suit - In view of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trial Court rejected the prayer for ad interim injunction - Appellate Court granted ad interim injunction for an unlimited period which is not permissible in law - Impugned order modified to the extent that ad-interim order of injunction will remain valid till the next date of hearing of appeal and..........
