Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on disputed roof without consent of plaintiffs and without obtaining permission from Municipal Council - No prima facie documentary evidence on record which could show that defendant was raising new construction on roof in question nor any photograph..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sough for adding relief of declaration as well as for adding pedigree of parties - Suit is pending since 1996 - Plaintiff failed to show before revisional Court or even before trial Court that he had no knowledge of pedigree of parties at the time of institution..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment sought for incorporating relief of mesne profits - Amendment in question cannot be said to be a subsequent event that plaintiff was not aware of at the time of filing suit - Suit is filed in the year 2007 and amendment application filed in 2014 - However, there..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - On basis of title - Once plaintiffs have failed to prove title, suit for injunction based on title has necessarily to be dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit properties purchased by plaintiff through various vendors - Title of some of vendors is disputed - Relief of permanent injunction denied by Courts below - Plaintiff contended that Courts should have granted a decree for at least some extent of land to which vendors of plaintiff were found entitled to -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Common wall - As per sale deed wall is part of house - It is also mentioned that south side partitioned wall was constructed by plaintiff from his own cost and he will construct the two storied house over the same - Plaintiff got permission of Nagar Palika for construction of north side wall and thereafter he..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - When previous suit for injunction was filed, relief of specific performance was not sought, as on such date cause of action for filing suit for specific performance of contract had not arisen - Subsequent suit for specific performance, held, not barred U.O.2.R.2 CPC...........
