Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of temporary injunction - Validity - Restraining defendant No.1 i.e. Registrar of Trade Union from giving effect to resolution passed by him dissolving Workers Union and other consequential reliefs - Main grievance of plaintiff/Union is against defendant No.4 i.e. President of Union and other Office Bearers i.e...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Relevant consideration for grant of temporary injunction is prima facie case as to possession - At the interlocutory stage, trial Court has to depend mostly upon the documentary evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief in appeal - Grant of - Held, when there is a judgment of trial court dismissing plaintiff's suit on certain admission and documents filed that discredited plea of exclusive allotment of suit property to her, plaintiff/appellant had no right to seek for interim relief in appellate Court - Interim prayer..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police aid - Can be granted when there is threat of breach, disobedience or violation of order of injunction/ad interim injunction - Once the order is breached or disobeyed, then party has to take recourse to O.39.R.2-A or U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the instance of defendant - Court has jurisdiction to grant an interim order of injunction, at the instance of defendant, without a counter claim sought for in the written statement...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining alienation - Order can be communicated by Civil Court to Sub Registrar concerned in exercise of inherent powers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Restraining defendant from obstructing plaintiff from accessing the first floor - First floor was not in use on the date of institution of suit - No case for grant of interim mandatory relief made out...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering in the possession of plaintiff - Without a suit for partition, injunction cannot be granted against a co-owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order granting status quo - Propriety - Parties related to each other - As per plaintiffs'/respondents' own submission appellant is using a toilet and bath-room which is just outside house - Trial Court has failed to consider counter claim filed by appellant - Held, even if, a prima-facie case has been found in favour of..........
