Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Limitation Act, 1963, Article 136 -- Limitation - Article 136 Limitation Act does not apply when question involved is initiating legal proceedings to seek alleged legal right as Article 136 Limitation Act applies only when an application for execution of any decree (other than decree granting a mandatory injunction) or order of any Civil Court is to be filed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........
Limitation Act, 1963, Article 136 -- Execution - Decree of permanent injunction - To implement a decree for perpetual injunction, no limitation is provided...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for injunction - Executing Court directing parties not to change nature of suit property or to excavate any soil or clay from it - Said direction is completely contrary to decree of injunction put under execution - Executing Court is not meant for nullifying decree rather to oversee that decree is carried out,..........
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...........
