Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Against a proposed defendant during pendency of application for impleading him as a party - No injunction can be granted against them without impleading them as defendants and thereafter without giving them an opportunity of being heard...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
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 1, 2 -- Interim injunction - Claim of plaintiff over `D' Scheduled pathway was based on the easement by grant and would be seen prima facie - In such situation refusal to grant interim injunction would cause irreparable injury to plaintiff and thus, balance of convenience is also in favour of plaintiff - Contention of defendant..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for rejection of plaint be decided before deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction upon suit property - Construction carried out by defendant upon suit property is in accordance with approved plan, as per Municipal bye laws/rules etc. and at the place where defendants old structure earlier existed - There is thus, no dispute between..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Claim that suit property be preserved and protected during pendency of suit and restraining defendant from alienating, selling, disposing, encumbering or changing nature of suit land - Plaintiff claiming to be present in the office of Sub Registrar with..........
