Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for Specific performance - Objections raised by defendant are mixed question of facts and law and it could have been heard and decided after framing of issues and leading evidence by respective parties - If third party rights are created, it would result in multiplicity and complicity of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit property and from creating third party rights - While deciding application observation made on merits of suit - Virtually it is final adjudication of matter - Impugned order quashed and set aside - Trial Court to decide suit itself within a period of one..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and hindrances at the time of drawing of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of agreement in question as per..........
