Search Results for "temporary injunction"

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Search Results for "temporary injunction"

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High Court

Bombay High Court Dismisses Petition Against Rejection of Temporary Injunction in Suit for Injunction Simpliciter. Court holds that in a suit for injunction simpliciter, the plaintiff must establish possession and that the defendants are not in possession, and the trial court's finding of no prima facie case is not perverse.

13 Feb 2017

The petitioners, original defendants in a civil suit, challenged the rejection of their application for temporary injunction under Order 39 Rules 1 an...

High Court

Bombay High Court Dismisses Appeal by Goa State Infrastructure Development Corporation Against Injunction Restraining Construction of Bridge Over Plaintiff's Property. Court Upholds Trial Court's Finding That Plaintiff's Consent Was Not Obtained and That the Corporation Failed to Establish Any Right to Enter Private Land Without Acquisition or Consent.

27 Apr 2017

The appellant, Goa State Infrastructure Development Corporation Limited, filed an appeal against an order of the trial court granting temporary injunc...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Injunction in Parking Space Dispute. Court upholds concurrent findings that petitioner failed to establish exclusive right over stilt parking space as it was not part of the sale deed.

9 Oct 2018

The petitioner, Udai Raj Singh Chauhan, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court at Goa, chal...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Injunction in BMC Demolition Case — Building Safety Overrides Tenant Rights. The court upheld the trial court's refusal of ad-interim injunction under Section 354 of the Bombay Municipal Corporation Act, 1888, finding the building dilapidated and unsafe.

5 Jul 2018

The appellants, tenants of a 60-year-old building called Kanhaiya Bhavan, filed a suit (L.C. Suit No. 1528 of 2018) seeking a declaration that the Tec...

High Court

Bombay High Court at Goa Dismisses Petitions Challenging Maintainability of Appeal Under Order XLIII Rule 1(r) CPC. Court Holds That Appeal Under Order XLIII Rule 1(r) CPC Lies Against Orders Under Order XXXIX Rule 1 CPC, Including Those Not Expressly Granting or Refusing Injunction.

8 Mar 2018

The petitioners, Augusto T. D'Souza and Ana D'Souza, filed writ petitions in the High Court of Bombay at Goa challenging an order dated 01/12/2012 pas...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Brothers. Court upholds trial court's discretion in granting temporary injunction under Order 39 Rules 1 and 2 CPC, finding no perversity or jurisdictional error.

5 Jan 2018

The petitioners, original defendants in a civil suit, challenged the order dated 2nd May 2017 passed by the District Judge-2, Niphad, dismissing their...

High Court

Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case.

4 Jan 2018

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Suit — Res Judicata and Abuse of Process of Law. The suit property was already decreed in a prior suit confirmed up to second appeal, and the petitioner's fresh suit was held to be barred by res judicata under Section 11 CPC.

27 Mar 2019

The petitioner, Fakkirappa S/o Basavanneppa Tattimani, filed a suit (O.S.No.803/2015) seeking a decree of mandatory and permanent injunction in respec...

High Court

High Court of Karnataka Dismisses Petitions Challenging Rejection of Temporary Injunction in Suit for Permanent Injunction — Held That Order of Rejection Is Not Appealable Under Order XLIII Rule 1(r) CPC as It Does Not Amount to Refusal of Injunction Under Order XXXIX Rule 1 or 2 CPC.

22 Mar 2019

The petitioners filed two writ petitions challenging the order of the Senior Civil Judge, Jamkhandi, dated 18.01.2018, rejecting their application for...

High Court

High Court Allows Amendment of Plaint Despite Rejection of Temporary Injunction — Amendment Not Barred by Failure to Challenge Interlocutory Order. The right to amend pleadings under Order VI Rule 17 CPC is independent of any earlier order and necessary for effective adjudication of subsequent events.

16 Aug 2018

The petitioner, as plaintiff, filed a suit for perpetual injunction against the respondents/defendants regarding a wall on the southern side of the sc...

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