Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Grant of temporary injunction without notice - Opposite party always has remedy to move same Court by filing an appropriate application seeking its recalling/modification - Even when all parties have been heard, Court is still vested with power to change its order, provided either there is change of..........
Co-owner -- Injunction - If by the act of the co-owner in possession the value or utility of the property is diminished, then a co-owner out of possession can certainly seek an injunction to prevent the diminution of the value and utility of the property...........
Co-owner -- Injunction - If the acts of the co-owner in possession are detrimental to the interest of other co-owners, a co-owner out of possession can seek an injunction to prevent such act which is detrimental to his interest...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for permanent injunction - No privity of contract between plaintiffs and defendants - Decree of declaration of sale deed which is executed by defendant No.1 in favour of defendant Nos.2 & 3 does not give any cause of action to plaintiffs to institute suit seeking..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of a party seeking discretionary relief is of utmost importance besides consideration of three basic ingredients for grant of temporary injunction viz. prima facie case, balance of convenience and irreparable loss and injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - In a suit for mandatory injunction, no relief of temporary injunction can be granted, which will amount to passing a decree of mandatory injunction itself...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining change of nature of land - Courts below held that Gram Panchayat/defendant is competent to change user of land in a manner it likes as well as when sufficient area of shamlat land is available, it can be used for any other development - Injunction therefore, cannot be granted regarding..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Averments in plaint would not show that any personal right of any of plaintiffs being infringed, therefore, in view of S.41(j) of the Act, suit is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
