Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - Demolition of shop inspite of order of status quo - Authorities deliberately avoiding to answer averments made by applicants - Clear case of flouting of Court's order - Trial Court was wrong in refusing restoration of possession - Relief of restoration could not be granted by writ Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession delivered in pursuance of agreement to sell and this fact incorporated in agreement - Execution of agreement admitted - Plaintiff is not entitled to interim injunction by holding that actual physical possession was not given and only symbolic possession was given...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendant sought to be restrained from alienating or otherwise creating third party interest over suit property - Original agreement to sell not produced - Relief prayed for solely on ground of photocopy of alleged agreement - No explanation for not filing the original..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining subsequent purchasers from alienating and raising any construction - Agreement to sell for a consideration of Rs.4.50 lacs whereas subsequent sale deed executed for a consideration of Rs.17.60 lacs - Amount of advance of Rs.1 lacs paid in instalments but no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Can seek injunction if the act of co-owner amounts to ouster or is adverse to interest of co-owner who is out of possession...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment to incorporate plea of counter claim - In the garb of temporary injunction defendant dispossessed - Counter claim related to suit property and was based on subsequent dispossession on account of temporary injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case in favour, Balance of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Employee - Relieved from one department but not allowed to join any of the departments - Petitioner employee of Haryana Tourism relived from his duty and asked to report to Haryana Govt. - Petitioner not accepted either by Haryana Govt. or by Haryana Tourism Corporation - Order of Trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo as regards possession - Court must decide as to who is in possession - Otherwise purport or implication of such order is bound to fail...........
