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 Challenging Temporary Injunction in Property Dispute — Marriage Certificate and Crop Statements Considered for Possession. The court upheld the concurrent findings of the trial and appellate courts granting temporary injunction in favor of the respondent based on prima facie evidence of marriage and possession.

11 Sep 2018

The petitioner, Rekha Bothe, challenged an order dated 03-10-2016 passed by the District Judge-3, Washim, dismissing her appeal against an order dated...

High Court

Bombay High Court Allows Appeal Against Injunction in Property Dispute Over Passage and Gate. Trial Court Failed to Consider Leave Application Under Order II Rule 2 CPC Before Granting Interim Relief.

25 Jul 2006

The appeal arises from a suit filed by Respondents 1 to 4 (plaintiffs) against the appellant (defendant No.1) and the Municipal Corporation (defendant...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

19 Jan 2024

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

23 Nov 2024

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

High Court

Bombay High Court Dismisses Application to Vacate Interim Injunction in Development Agreement Dispute. Plaintiff's Readiness and Willingness Not Shown to Be Lacking Due to Defendant's Own Conduct Under Order XXXIX Rule 4 CPC.

27 Mar 2024

The Bombay High Court dismissed an application filed by defendant No.1A (Vivek Madhavlal Pittie) seeking vacation of an interim injunction granted on ...

High Court

Bombay High Court Allows Appeal Against Order in Specific Performance Suit — Oral Agreement for Sale of Immovable Property Held Enforceable Under Section 16(c) of Specific Relief Act, 1963. Court finds that readiness and willingness to perform need not be proved by documentary evidence alone and that public notice and payment of earnest money demonstrate readiness.

20 Feb 2023

The appellant/plaintiff filed a suit for specific performance of an oral agreement for sale of immovable property dated 20/05/2021, under which the pl...

High Court

High Court of Karnataka Sets Aside Ex Parte Temporary Injunction in Membership Dispute — Trial Court Failed to Record Satisfaction of Prima Facie Case, Balance of Convenience, and Irreparable Injury Under Order 39 Rules 1 and 2 CPC. The Court Remanded the Matter for Fresh Hearing After Finding That the Trial Court Did Not Comply With Order 39 Rule 3 CPC Requiring Reasons for Dispensing With Notice.

20 Dec 2024

The appellant, Bowring Institute, challenged an order dated 22.11.2024 passed by the 41st Additional City Civil and Sessions Judge, Bengaluru, in O.S....

High Court

Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order.

25 Jan 2023

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcemen...

High Court

Bombay High Court Upholds Injunction in Favor of Tenant in Land Dispute with Agricultural Corporation. The court restored the trial court's interim injunction protecting the petitioner's possession based on prima facie tenancy rights and balance of convenience.

22 Dec 2017

The petitioner, Baliram Dagadu Mundfane, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated...

High Court

Bombay High Court Upholds Injunction in Trademark Infringement Case — Registered Proprietor's Rights Protected Against Deceptively Similar Marks. The court affirmed the trial court's order granting interim injunction restraining the defendant from using marks deceptively similar to the plaintiff's registered trademark 'Prem Mehandi Centre' under Sections 28, 29, 134 of the Trade Marks Act, 1999.

19 Oct 2016

The respondent/plaintiff, proprietor of 'Prem Mehandi Centre', filed two suits (Suit No. 1 of 2015 and Suit No. 2 of 2015) against the appellants/defe...

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