Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit land till disposal of suit - Plaintiff claimed title to suit land on basis of purchase made in the name of predecessor-in-interest of defendant - However, there is no details of sale by virtue of which, plaintiff claims to have purchased suit land - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer who is in exclusive possession of separate parcel of land can definitely seek injunction against other co-sharers, who are not in possession of requisite land - Application rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case, balance of convenience and irreparable loss were in favour of plaintiff - But despite that trial Court permitted non-applicant to sell suit property or part thereof and/or to create third party rights in suit property - Order of trial Court is found to be arbitrary and capricious..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Material available on record found that plaintiffs having no prima facie case, balance of convenience and irreparable loss in their favour - However, there is a sale deed executed by original owner in favour of defendant no.1 and thereafter another sale deed in favour of defendant no.3 on the basis..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4 -- Temporary injunction - Restraining respondents from execution of decree of declaration passed in another suit - Plaintiffs in present suit filed partition suit - They claim their right through purchaser cannot be allowed to obstruct execution of decree passed in another suit and should wait for a decree for partition to be..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - When ex parte interim injunction is granted then complete copy of paper book viz. copy of application for injunction, copy of affidavit filed in support of application, copy of plaint and copies of documents on which applicant relies upon not sent by registered post as envisaged U.O.39.R.3 CPC -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For grant of injunction, existence of three ingredients i.e. prima facie case, balance of convenience, irreparable loss or injury, is not only mandatory, rather they all should co-exist...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Besides well establish parameters/ingredients, for grant of injunction, conduct of party seeking injunction is also of utmost importance...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Existence of prima facie case - Not to be confused with prima facie title which has to be established on evidence at trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant bank from seizing/taking possession of vehicle from plaintiff/owner - Default in repayment of loan - Once there is condition in the loan agreement that in the event of non-payment of installments within the time stipulated in the agreement, bank is entitled to take possession of..........
