Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - At appellate stage - Injunction suit - Parties to litigation claim that their properties situate in different survey numbers - Therefore, to come to a just conclusion that in which survey number lands of respective parties are situated, appointment of an Advocate Commissioner is necessary - Moreover, it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed in the year 2013 though plaintiff was aware of he dispute since the year 2005 - Application does not contain any averment as to imminent threat to plaintiff as to its dispossession from land in question and/or its alienation - Rather, only bald and vague averments have been made in this..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Suit for permanent injunction and possession - Once title of plaintiff stood confirmed and that being a finding of fact, said finding of fact cannot be open to be assailed primarily on technical grounds as raised in terms of O.41.R.31 CPC - No material produced by appellants/defendants to..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that suit is pre-mature - Suit filed alleging that defendant refused not only to accept balance payment but also refused to execute sale deed - Even, it is pleaded that defendant is trying to alienate property - In such circumstances, suit for injunction..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that cheque of Rs.5,00,000/- was never handed over - Some part of earnest money was paid in cash whereas remaining amount paid through cheque - Cheque has never been dishonoured - Even, in agreement to sell details of cheque drawn on particular bank..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from dispossessing plaintiff from suit property - No proof of possession by plaintiff - Possession ordinarily follows title and for success plaintiff should have produced some evidence to show that he is in possession - Temporary injunction rightly declined...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Obstruction of pathway by threatening to extend wall - Wall was in existence prior to filling of suit - No evidence on record to even suggest as to on which date threat was given to extend wall - Plaintiffs utterly failed to prove that any threat was ever extended by defendants to extend the wall -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Plaintiff failed to lead any evidence oral as well as documentary in support of his case before trial Court - Both the Courts below have recorded concurrent finding of fact against plaintiff by dismissing suit - No substantial question of law is involved in the second..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
