Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession - Order allowing defendant to raise construction subject to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rejection of application on ground of lack of pecuniary jurisdiction - Court did not return the plaint and did not follow procedure prescribed U.O.7.Rr.10, 10-A CPC - Impugned order set aside - Application U.O.39.Rr.1,2 CPC allowed - Matter remanded to trial Court to comply with requirements of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction order sought to preserve property and protect the same from alienation - Rejection of application seeking such reliefs, held, not proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute relating to registered will - Appellant and respondent No.3 were excluded and beneficiaries were respondents No.1 & 2 - Apprehension that defendants will alienate immovable properties covered under Will - Defendants were directed to maintain status quo of the property mentioned in the Will -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2 -- Temporary injunction - Cross examination of deponent at the stage of consideration of application for temporary injunction - These are not evidence affidavits - CPC vests discretion in the trial Court to cross examine deponent who has filed evidence affidavit - Such discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant claiming ownership on the basis of sale deed - Earlier sale deed was declared null and void - Once basic foundation of title had been declared null and void, then subsequent owners would also prima facie have no rightful title - Merely because defendant has raised construction, it cannot be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Status quo order cannot be granted by exercising power u/s 151 CPC, when there is express provision provided under CPC...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
