Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Granted by Bombay Civil Court and said injunction was confirmed by High Court while dismissing appeal from order - Interim injunction continued for last more than 5 years - No reason to interfere in the matter - Bombay Civil Court directed to dispose of the suit as expeditiously as possible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Land sold to defendant is towards western side 13 ft instead of 43 ft - Construction therefore, beyond 13 ft by defendant cannot be permitted - As regarding alternative plea of plaintiff to permit him for completing finishing work, as he is not projecting any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No interim injunction can be granted in respect of property which are not subject matter of suit...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Guardians and Wards Act, 1890, Section 12 -- Disobedience of order of Family Court - Custody of child - Order of Family Court passed u/s 12 of G & W Act, though being is in the nature of a directive and an interim order of mandatory injunction, cannot be enforced by invoking O.39.R.2-A CPC - Appropriate remedy is contained u/s..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Both parties are owners of their respective adjoining khasra numbers - Encroachment by way of construction - Both parties would vacate the land if found encroaching in each others land - However, as petitioner is 108 years old, trial Court directed to ensure that revenue..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate Court and swayed by fact that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Suit property sold by Power of attorney during pendency of suit - Power of Attorney holder was not having knowledge of order of Court and act done by him was in good faith - He has also assured after getting knowledge of order that no further sale of any part of land would be made - It..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on record which even prima facie shows that plaintiff has any right, title or interest in property in question - More so, plaintiff concealed material factum of dismissal of earlier application of temporary injunction from Court - Relief of temporary injunction is discretionary relief and..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken after order of injunction was passed - Interim order of trial Court did not require defendant to hand over possession to plaintiff - There was no decree or order of trial Court by virtue of which appellant was given possession of property, nor did any decree or order mandate that respondent hand over..........
