Search Results for "balance of convenience"

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Bombay High Court Dismisses Appeal Against Order of Status Quo and Appointment of Receiver in Property Dispute. Court Holds That Suit for Declaration and Injunction Is Not Barred by Limitation or Res Judicata and That Receiver Cannot Be Removed Without Proper Application.

The appeal arises from a suit filed by the respondents (Afzal Khan and others) against the appellants (Mehboob Ayub Khan and others) seeking declarati...

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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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Bombay High Court Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC.

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Ani...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Contract Dispute. Court holds that balance of convenience and prima facie case did not favor grant of injunction under Order 39 Rules 1 and 2 CPC.

The Appellant, Chitali Bottling Limited, filed a Special Civil Suit No.95 of 2020 before the 19th Joint Civil Judge, Senior Division, Pune, seeking a ...

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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...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Contract Termination Dispute. Court holds that balance of convenience and irreparable injury must be considered for grant of temporary injunction under Order 39 Rules 1 and 2 CPC.

The petitioner, M/s. Shyamaraju & Company (India) Pvt. Ltd., filed a writ petition under Article 226 read with Article 227 of the Constitution of Indi...