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Bombay High Court Decides Appeal Against Interim Injunction in Tenancy Possession Dispute; Considers Whether Temporary Restraint Order Was Justified

The case arose from a tenancy and possession dispute over Flat No.5, Second Floor, Goolestan, Cuffe Parade, Mumbai. The plaintiff, a senior citizen an...

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Bombay High Court Dismisses Appeal Against Order of Temporary Injunction in Suit for Declaration of Ownership and Possession. Held That Plaintiffs Have Prima Facie Case and Balance of Convenience Favors Grant of Injunction Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order passed by the Civil Judge, Senior Division, Panaji, granting a temporary injunction in favour of the responden...

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Bombay High Court Hears Appeals Against Interim Injunction in Enforcement of Foreign Judgment Suit; Prima Facie Case Not Established. The Single Judge's Order Granting Injunction Without Recording Findings on Essential Requirements Is Challenged Under Section 13 of the Code of Civil Procedure, 1908.

The matter arose from a suit filed by the respondents (plaintiffs) seeking enforcement of a foreign judgment dated 21 September 2010 from the District...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Suit Against Municipal Council. Petitioners’ Unregistered Sale Deed and Will Deed Fail to Show Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC, 1908.

The writ petition was filed against the concurrent orders of the Joint Civil Judge, Senior Division, Osmanabad, and the Adhoc District Judge-1, Osmana...

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Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought.

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

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High Court of Karnataka Allows Appeal Against Ex Parte Injunction in Property Suit — Trial Court Directed to Hear Both Sides Before Granting Interim Relief. Violation of Order 39 Rule 3 CPC as Trial Court Failed to Issue Notice or Record Reasons for Ex Parte Order.

The appellant, M/s. Legacy Global Project Private Limited, was the defendant in a suit for declaration and possession filed by the respondent, Sri. Sh...

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Bombay High Court Dismisses Writ Petition Challenging Injunction Order in Suit for Right of Way. Court upholds trial court's finding of prima facie case and balance of convenience in favor of plaintiffs regarding use of 9-meter road.

The petitioners, original defendant Nos.1, 5, and 6, filed a writ petition challenging the order of temporary injunction granted by the trial court an...