Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte temporary injunction - An appeal lies thereagainst and not a petition under Article 227 of the Constitution of India...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiff in exclusive possession of suit land over a period of time as such his possession cannot be disturbed otherwise than having recourse to law either by way of partition or a decree of appropriate Court - Defendants rightly restrained from interfering in possession of plaintiff..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Local Commissioner - Injunction suit - There is no absolute bar for appointment of Advocate Commissioner in a suit for injunction simpliciter either in the course of trial or during enquiry in a temporary injunction petition as per provisions of S.75 or O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Case of grant of interim injunction in favour of petitioner is made out as all ingredients of first principles thereof are satisfied i.e. a) prima facie case of triable issues is made out b) balance of convenience is in favour of petitioner c) demolition of house in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing possession of plaintiff - Factum of possession of plaintiff over suit property is found on the basis of revenue documents - Defendant on the other hand though claimed possession but could not prove the same - Prima facie plaintiff has been able to prove all..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Interim relief should not be granted in mandatory form, but if exigency so warrants, Court is not incompetent to grant such relief in mandatory form...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Plaintiffs have been deprived by defendant of only way available to them to approach their residential accommodation - Court below thus, rightly directed defendant to remove obstacle in only approach way available to plaintiffs - Application rightly allowed...........
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 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...........
