Civil Procedure Code, 1908, Order 39, Rule 3 -- Proviso - Ex parte injunction - Reasons not recorded - No specific direction to comply with the mandatory requirements of O.39.R.3 Proviso - Order is illegal - Exparte order is liable to be vacated for non compliance with the mandatory requirements...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Proviso - Exparte injunction - Non compliance with mandatory requirements of O.39.R.3 Proviso - Exparte order is liable to be vacated - However, application U.O.39.Rr.1 and 2 not liable to be dismissed without considering it on merits and hearing the parties...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction granted restraining respondent No.1 from decreeing the land in suit in favour of Respondent Nos.2 & 3 - Respondent No.1 transferred the suit land by means of a gift deed in favour of the sons of Respondent Nos.2 & 3 - 'Decreeing' means suffering a decree - Injunction was restricted only to restraining Respondent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession - Injunction rightly refused by trial Court...........
Specific Relief Act, 1963, Section 37, 38 -- Restraining Corporation from demolishing and/or sealing property and also from interfering in the possession - Plaintiff using the suit premises for residential and commercial purposes since 1971 - Callous neglect of Corporation in defending the suit - Proceeded ex parte - Plaintiff proved on record the existence of electricity..........
Punjab Land Revenue Act, Section 117 -- Mere pendency of proceedings in Civil Court - Should not be made the basis of stopping partition proceedings - Suit for permanent injunction for possession - Civil Court merely arbitrating on a point regarding possession and not ownership rights - No question of title involved - Civil suit no bar to partition proceedings - Wrong to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim stay is not granted -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co-sharer - A co-sharer cannot obtain injunction against other co-sharers with regard to possession - All co-sharers entitled to enjoy possession - Co - sharer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction against co-sharers in a suit for permanent injunction by prospective vendee claiming that possession of disputed property given to him on the basis of agreement to sell - Land jointly owned by co-sharers - Agreement nowhere depicts specific Killa numbers over which plaintiff put in possession - Plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Defendant taking forcible possession of the suit garage by removing the car of the plaintiff therefrom and by putting a lock as well as by putting materials and keeping boxes therein - Once the forcible possession of the defendant is established, plaintiff is to be put back in possession -..........
