Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - Execution proceedings relate to interim order passed by Court in same suit - O.21.R.29 CPC does not contemplate a situation where execution proceedings in Court relate to an interim order passed by Court in same suit - Application U.O.21.R.29 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - If execution of interim order of injunction is stayed U.O.21.R.29 CPC, it would have effect of nullifying interim order itself, as interim order operate only till disposal of suit - Application U.O.21.R.29 is not maintainable...........
Civil Procedure Code, 1908, Section 36 -- Execution - Order granting injunction is executable by applying provisions of CPC relating to execution of decrees...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........
