Search Results for "prohibitory injunction"

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Search Results for "prohibitory injunction"

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High Court

Gujarat High Court Dismisses Appeal Against Permanent Injunction in Agreement to Sell Dispute — Failure to Pay Consideration Justifies Injunction to Protect Possession. The court upheld the trial court's finding that the appellants-defendants failed to pay consideration under the agreement to sell dated 23.06.2001, warranting a permanent injunction to protect the respondents-plaintiffs' possession of the suit land.

21 Jan 2026

The case involves a dispute over suit property bearing Block No. 206 and 207 of village Gunsada, Taluka Songadh. The respondents (original plaintiffs)...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Allows Appeal Against Karnataka High Court Order Setting Aside Rejection of Plaint in Res Judicata Case. The Court held that the subsequent suit for declaration of title was barred by res judicata and Order II Rule 2 CPC as the issue of title had been finally decided in earlier litigation.

8 Dec 2021

The dispute pertains to 11 acres 16 guntas of agricultural land in Talaghattapura Village, Bangalore. The appellants (Lankappa and others) claimed tit...

Supreme Court

Supreme Court Reverses High Court Decision on Suit for Permanent Injunction - Title Dispute Not a Bar to Injunction Suit. The Court held that a suit for permanent injunction simpliciter can be maintainable even when title is disputed, depending on the complexity of the title issues, as per principles established in Anathula Sudhakar v. P. Buchi Reddy, and remanded the case for fresh consideration.

7 Sep 2021

The dispute arose from a civil appeal before the Supreme Court, where the appellant-plaintiff challenged a High Court judgment that allowed an appeal ...

Supreme Court

Supreme Court Allows Appeal in Injunction Suit, Restores Remand Order for Proper Identification of Property and Opportunity to Defendant. The Court held that when the defendant disputes title and the trial court frames issues on ownership, the appellate court can remand for fresh consideration, and the High Court's interference was not justified.

4 Mar 2020

The Supreme Court allowed the appeal filed by the defendant, Jose, against the judgment of the Kerala High Court which had restored the trial court's ...

High Court

High Court of Karnataka Allows Appeal in Permanent Injunction Suit — Appellant Association Not Bound by Decree as It Was Not a Party to the Suit. The suit for injunction was filed by an individual against an association, but the association was not a party to the suit, rendering the decree unenforceable against it.

19 Jun 2018

The case involves a first appeal filed by the Licensed Electrical Contractors Association of Karnataka against the judgment and decree dated 24.6.2003...

High Court

Bombay High Court Allows Appeal Against Remand Order in Property Dispute — Trial Court Directed to Decide Suit on Merits Without Remand. Lower Appellate Court's Remand Order Set Aside as Unwarranted Under Order 41 Rule 23 CPC.

7 Jun 2017

The respondent filed a suit for prohibitory and mandatory injunction claiming ownership of a plot bearing No.10 situated at Khasra No.195/9, T.S.K. No...

High Court

High Court of Karnataka Dismisses Petitioner's Writ Petition Challenging Execution Court Order in Permanent Injunction Case — Decree for Bare Injunction Cannot Be Executed After Road Construction Without Mandatory Injunction or Possession Relief.

12 Apr 2016

The petitioner, Kareppa, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 23 March 2015 passed ...

High Court

High Court of Bombay at Goa Upholds Interim Injunction in Arbitration Matter — Government Restrained from Interfering with Contractor's Work. Performance Guarantee Encashment Found Wrongful; Mandatory Injunction for Reimbursement of Rs.5,50,00,000/- Granted Under Section 9 of Arbitration and Conciliation Act, 1996.

5 Aug 2010

The Government of Goa, represented by the Director of Tourism, filed an appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, c...

High Court

Bombay High Court Dismisses Appeals by GIDC and Industrial Association Against Order Restraining Demolition of Structures in Industrial Estate. Court Holds That Lessee's Right to Enjoy Property Includes Right to Make Constructions Subject to Lease Terms and That Demolition Without Notice Violates Principles of Natural Justice.

30 Nov -0001

The case involves two appeals filed by the Goa Industrial Development Corporation (GIDC) and the Corlim Industrial Estate Industries Association again...

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