Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trial Court while dismissing the application has given thoughtful consideration to rival contentions raised by parties as also facts of case and rightly exercised its discretion while deciding the application - Appeal against the same is dismissed - Both the orders do not suffer from any illegality..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Probate proceedings on account of Will - Trial Court sent Will to FSL - Signature on Will found to be forged - No occasion arises to allow respondents to do said business in firm as a partner - Order allowing application U.O.39.Rr.1, 2 CPC set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Order when not specific - It should be read and construed only in relation to the prayer made in the application for temporary injunction - Scope of order of status quo cannot be expanded to other things beyond the prayer made in the application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Once plaintiff has no prima facie case in his favour then there is no need to consider balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for injunction based on possession on the basis of unregistered and insufficiently stamped instrument, which under law does not affect such immovable property - Plaintiff has no prima facie case in his favour - Order vacating injunction, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 38, Rule 5 -- Temporary injunction - Filing of petition for attachment of same property and seeking temporary injunction prohibiting alienation of property - Intention to file two applications simultaneously is only to cause embarrassment and inconvenience - Order vacating injunction,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant seeking injunction restraining plaintiff from interfering with his possession - Appellate Court referred all the documents relied upon by plaintiffs - However, there is absolutely no reasoning as to how those documents displaced sale deed executed in favour of defendant - Appellate Court..........
