Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
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 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, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in his favour - Factum of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event defendant/Electricity Board is permitted to proceed with the energisation of Electricity sub-station - However, in the event plaintiffs are able to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Vacation of status quo order - Suit for injunction - Restraining defendants from raising construction over motorable path - Admittedly, suit property is joint inter se parties - Plaintiff failed to prove any family arrangement in previous suits filed against defendant - Revenue record also indicate that suit land is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for preemption - Court of first instance is expected to examine prima facie case with a practical and pragmatic approach sans purely pedantic and idealistic view of the matter - A litigant, who has approached Court asserting his right of preemption, is required to plead and prove for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - Granting interim mandatory injunction for restoring ante status quo position of suit property is the rule and not the exception...........
