Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Parties are having their houses adjoining that lane which is subject matter of suit - Lane in question is used by house owners in order to approach village road that is meant for their ingress and egress - Description of lane is not disputed - Plaintiff when claims that obstructions..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment of public roads or public road margins - A person can always seek relief of removal of encroachments, by way of mandatory injunction, in case where encroachments take place on public roads or public road margins...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claiming exclusive right over common pathway/road - Sale deed in which plaintiff himself was a party speaks reference to common pathway/road - Defendant/Corporation also initiated action by treating same as public common road - There is thus, no bar for plaintiff to enjoy suit property as a whole with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Vacation of status quo order - Suit for injunction - Restraining defendants from raising construction over motorable path - Admittedly, suit property is joint inter se parties - Plaintiff failed to prove any family arrangement in previous suits filed against defendant - Revenue record also indicate that suit land is..........
Specific Relief Act, 1963, Section 34, 37, 38, Easements Act, 1882, Section 15, 35 -- Public road - Construction of wall by defendant - Plaintiff's easementary right obstructed - Suit for declaration and injunction - Suit is maintainable against defendant without impleading Govt./N.A.C. - No person has any right to make construction over the land belonging to the..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - To grant a decree of perpetual injunction, what has to be considered is as to who is in actual physical possession of property - When property is baron land, vacant land or lying as a road etc., title deed should be there to ascertain the possession over such property - In such..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the time of filing of suit - Virtually..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from parking vehicles in the street - Plaintiff having access to his house from the street in question and also from the road on the other side - Even after parking of car, space is still left on a side through which movement is possible - No other resident of locality has come forward..........
