Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case and balance of convenience not in favour of plaintiff - Plaintiff not in possession over the property in question - Trial Court rightly rejected the application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for mandatory injunction directing defendants to execute a fresh agreement to sell in accordance with the agreement of sale and get the same registered and deliver the same to plaintiff - Ad interim injunction also sought on the plea that defendants are negotiating for selling the land in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Possession - Co-owner in possession - Subsequent purchaser dispossessed co-owner in possession without partition by metes and bounds - When possession is unlawful, illegal and unauthorized then it is no possession in the eye of law - Injunction granted in favour of co-owner...........
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 -- Temporary injunction - Injunction granted without adverting to the three considerations viz. (i) prima facie case; (ii) balance of convenience and inconvenience and (iii) irreparable loss and injury - Impugned order set aside...........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status qua against the parties - However, respondent sold disused property - Purchasers not party to the suit - Respondent and purchasers are directed to maintain status quo by appellate Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Interlocutory application filed U.O.39.Rr.1 & 2 r/w S.151 of Civil Procedure Code for restraining respondent from alienating suit property during pendency of appeal - After partition suit was filed by petitioners, their brother respondent filed probate case for grant of probate with respect to purported Will executed by..........
