Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Irreparable loss - If the loss likely to be suffered by not granting injunction cannot be compensated in terms of money it is treated as irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Out of three principles, prima facie case is sine quo non for granting interim injunction and another one principle is sufficient - Not all three are required to grant the relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - An encroacher cannot seek an equitable relief of injunction so as to prevent the real owner from protecting the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is seeking injunction against true owner, as neither possession of plaintiff recorded in revenue records nor he claimed any title in suit land - He has not even made any attempt to identify the extent or boundaries of land which he claims to be in his possession - Merely on the basis of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from alienating the property or creating any charge on the same and not from using the property - In civil litigation involving property, suit property needs to be protected - Order partly allowing application, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
