Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising illegal construction upon land of plaintiff - Construction of wall is already over and only finishing work remained - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit land not identifiable - It cannot be said, without any cogent evidence that dispute is with regard to 1/4th portion on the western side of Gata No.233 - Relief of permanent injunction cannot be granted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and permanent injunction - Plaintiffs have not been able to prove that suit properties were ancestral property - No documentary evidence has been pointed out to show that suit properties were coming through four male lineal descendants - Plaintiff has not been able to show how khasra..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit for permanent injunction, plaintiff has to make out and establish his possession...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff had been unable to prove his exclusive possession over suit property - Another co-sharer had earlier filed a similar suit against defendant which was withdrawn which fact was not disclosed by plaintiff - Apart from oral testimonies, plaintiff could not establish from any cogent documentary evidence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Expeditious disposal of application U.O.39.Rr.1, 2 CPC - Even if proceedings in a suit are stayed supplemental proceedings which would include decision on injunction application could be carried out - Trial Court erred in rejecting the application filed by petitioner seeking early disposal of application for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Plaintiff can approach Appellate Court during pendency of application for grant of ad interim stay...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Demolition of three public utility constructions - Disputed constructions have been raised on the main road which is 5 feet below the road adjacent to plaintiff's house - Right of frontage if any available to plaintiff is clearly not obstructed by any of disputed constructions - Plaintiff not entitled to any..........
