Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from constructing and alienating suit property - Courts below have found that plaintiff failed to make out a prima facie case - Plaintiff also failed to prove balance of convenience in his favour - No irreparable loss will be caused to him, if injunction as prayed for is not..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Civil Procedure Code, 1908, Section 39 -- Transfer of execution proceedings - Executing Court suo moto transferred the execution proceedings from one State to another State - However, neither JD has any right to file such an application nor executing Court is vested with any such power to transfer proceedings on its own motion to another State in view of S.39 CPC - Such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Plaintiffs and defendants are staying in the same property - Defendants have illegally entered first floor of property - Moreover, defendant no.1 is trying to sell off property - Defendants also compelling plaintiffs to vacate suit property - If property were sold by defendants to third..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-sharer - Suit land is un-partitioned as on date - If a co-sharer is in physical possession of a part of joint land and possession is admitted by other co-sharer, he cannot be restrained from raising construction thereupon - Said construction shall..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining registering authority to register a document - Registering authority can be injuncted from restraining a deed of conveyance or any other document affecting right/interest in a property only if an injunction order by a civil Court or an order of High Court is in operation imposing restraint on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal and not writ petition lies thereagainst...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
