Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Proof of prima facie case existing/non existing in favour of a party praying for a temporary injunction is a sine qua non for grant/refusal of said relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If property in question is not protected during pendency of suit or defendant are not restrained from alienating property, plaintiff would definitely suffer irreparable injury as third party rights would be created in the property - Since, defendants have a gift deed in their favour as of date,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Categorical assertion has been made in the plaint that property is the joint ownership of parties as property belongs to father of parties - Stand of defendant that he is in exclusive possession of property is not a fact which can be ascertained from a meaningful reading..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Categorical assertion has been made in the plaint that property is the joint ownership of parties as property belongs to father of parties - Stand of defendant that he is in exclusive possession of property is not a fact which can be ascertained from a meaningful reading..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - Case of plaintiff is that suit property was jointly owned and possessed by parties - However, defendants claimed that suit property was mutually partitioned between parties and parties were in possession of their respective shares - Plaintiff admitted that walls had been constructed over separate portions..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction can be filed on basis of records of right but a suit can also be maintained on basis of possessory title atleast against a third person...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Maintainable when new cause of action is pleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that construction is raised by his brother who is not a party to the litigation - Contention of defendant now that if construction is not completed he will suffer hardship not tenable and cannot be taken into consideration...........
