Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Possession in pursuance of agreement to sell - There was no period of completion of transaction - Plaintiff also relies on a Will and power of attorney - Suit filed after 7 years of agreement - Plaintiff has no prima facie case in his favour as he had not taken a document of sale in the manner that law..........
Civil Procedure Code, 1908, Section 91(1)(b) -- Public nuisance - Suit for declaration and injunction - Leave to institute suit - Court is required to satisfy itself prima facie that the cause sought to be agitated by the public spirited persons is genuine - The genuineness of the cause at this stage is required to be assessed by preliminary examination of facts averred in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Injunction to restrain vendor from transferring, assigning, leasing, mortgaging the property in dispute - Time regarding payment of balance price was the essence of contract and such payment was not dependent upon plaintiff's satisfaction regarding title and also not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court while seized of application U.O.9.R.13 CPC has to decide independently the application for staying execution proceedings on the well established principles of prima facie case, balance of convenience and irreparable loss and injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Relevant consideration for grant of temporary injunction is prima facie case as to possession - At the interlocutory stage, trial Court has to depend mostly upon the documentary evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief in appeal - Grant of - Held, when there is a judgment of trial court dismissing plaintiff's suit on certain admission and documents filed that discredited plea of exclusive allotment of suit property to her, plaintiff/appellant had no right to seek for interim relief in appellate Court - Interim prayer..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order granting status quo - Propriety - Parties related to each other - As per plaintiffs'/respondents' own submission appellant is using a toilet and bath-room which is just outside house - Trial Court has failed to consider counter claim filed by appellant - Held, even if, a prima-facie case has been found in favour of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case is not the only consideration for grant of ad interim injunction - In addition to prima face case, Court also has to take into consideration the test of balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendant admitting unauthorised possession of plaintiff - Order that plaintiff cannot be dispossessed except under due process of law inspite of the fact of holding that there is no prima facie case, balance of convenience and irreparable loss, in favour of plaintiff, upheld...........
