Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendant to lay water pipes through the suit land along with pucca path - Pucca path passes through suit land and being used by defendant and villagers, which is constructed by Panchayat - It also leads to the house of defendant - Plaintiff failed to produce any material to deny the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Since the letter of administration did not vest any absolute legal title in applicant Nos. 1 & 2 to sell the disputed property, Court below while exercising its power u/s 151 CPC rightly injuncted applicants from creating third party rights in respect of suit property and restrained them..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte ad interim injunction - Restraining interfering with lawful construction - Not such a exigency that ex parte injunction without issuing notice to the opposite party can be granted - Plaintiff will not suffer irreparable loss because of alleged stoppage of construction for one or two days, nor there would have been..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte ad interim injunction - Restraining interfering with lawful construction - Provision of O.18.R.3 CPC is mandatory - Ex parte ad interim injunction can only be granted when Court forms an opinion with reasons that object of granting injunction would be defeated by delay - Ex parte ad interim injunction when granted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim relief can be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining daughter-i, law from interfering in peaceful living of father-i, law along with his wife - House in question is self acquired property of father-i, law and he is exclusive owner of said house in which his son has no right - Daughter-i, law is not entitled to claim any right to live in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 4 -- Interim injunction - Once application U.O.39.Rr.1 & 2 CPC filed by plaintiff and application U.O.39.R.4 CPC filed by defendant are disposed of by speaking order on merits in presence of parties, prayer in the fresh application for vacation of an order by way of modification cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Granted after 40 days of filing of suit - Writ petition challenging order filed after 130 days - Clearly demonstrates that there was no grave urgency in granting ex parte injunction order...........
