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High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

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High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Property Suit — No Prima Facie Case Made Out for Injunction Against Co-Owners. Plaintiff Failed to Establish Exclusive Possession or Irreparable Injury, and Balance of Convenience Did Not Favor Injunction.

The appellant, Sri Sriramulu, filed a Miscellaneous First Appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against an ord...

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Bombay High Court Upholds Injunction in Adverse Possession Suit — Prima Facie Case and Balance of Convenience in Favor of Plaintiffs. Trial Court's Order Restraining Defendants from Entering Suit Property Maintained as Plaintiffs Established Long-Standing Possession and Serious Triable Issues.

The case arises from an appeal filed by the defendants (Suruna Bothra Associates & Others) against an order dated 4th December 2020 passed by the Civi...

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Bombay High Court Allows Writ Petition Challenging Rejection of Temporary Injunction in MOFA Dispute Over Parking Spaces. Court Restrains Society Members from Obstructing School's Use of 110 Stilt Parking Spaces Pending Suit.

The petitioner, Goel Ganga Foundation, runs an international school and filed a suit for injunction against the Federation of Swarganga Co-operative S...

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High Court of Karnataka Dismisses First Defendant's Writ Petition Challenging Concurrent Injunction Orders in Specific Performance Suit. Court upholds trial court's finding of lawful possession based on prima facie case and balance of convenience under Order XXXIX Rules 1 and 2 CPC.

The petitioner, the first defendant in a suit for specific performance, challenged the concurrent orders of the trial court and appellate court granti...

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High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction.

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an...