Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Plaintiffs able to demonstrate their possession - Defendants cannot be permitted to claim denial of right to the co-sharer to enter into land especially when such co-sharer is already in possession of land to the extent of his share - Order of Appellate Court granting ad interim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order to issue notice to the other side - Writ petition against such an order which issues notice to the other side without taking a decision either to grant or refuse the prayer contained in the application - Such order not amenable to writ jurisdiction of High Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - To grant or not to grant - It is discretionary power of Court - There is no right that inheres, in any party, to interim injunction - Superior Court may interfere, if Court acts arbitrarily or illegally or irregularly exercise its jurisdiction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - For considering an application for temporary injunction, Court is required to see a prima facie and not prima facie title, when it is a case of declaration on the basis of Will...........
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..........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Court shall be deemed to be Court of competent jurisdiction if at the time of making application for transfer it had pecuniary competence to try the suit as per S.39(3) CPC...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Jurisdiction cannot be conferred by consent of parties if Court is lacking pecuniary jurisdiction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Mere raising of construction on joint property by one of co-sharers cannot be termed to be an act of ouster of other co-sharers - Injunction rightly denied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction of balcony on agricultural land belonging to plaintiff - Defendant was raising construction on plots purchased by him - If he was restrained from raising construction by temporary injunction, then he would suffer irreparable loss - Plaintiff is having..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to make out a prima facie case for grant of temporary injunction restraining defendants from carrying out construction work in the suit property and from selling, disposing or creating any third party interest in suit property - It is also not the case where irreparable harm and..........
