Search Results for "Order XXXIX CPC"

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Search Results for "Order XXXIX CPC"

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High Court

High Court of Bombay Dismisses Interim Applications in Property Assignment and Supplemental Agreement Dispute. The court held that an unregistered supplemental agreement cannot modify a registered deed of assignment and was frustrated due to non-fulfillment of conditions, while the plaintiff's rights under the assignment were upheld.

4 Mar 2026

The dispute arose between Applicant (Plaintiff) and (Defendant No.1) over a property assignment. On 20.11.2012, Defendant No.1 executed a registered D...

High Court

Bombay High Court Dismisses Interim Application in Suit for Specific Performance and Injunction — Dispute Over Sale of Shares and Property Rights. Court holds that the applicant failed to make out a prima facie case for interim relief under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, as the balance of convenience did not favour granting injunction against the plaintiffs.

30 Nov -0001

The present interim application was filed by the original defendant No. 1, Babasaheb Neelkant Kalyani, in a suit for specific performance and injuncti...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order for Possession in Cooperative Society Dispute — Petitioner Failed to Show Exceptional Circumstances for Interference Under Articles 226 and 227 of the Constitution of India. The Cooperative Court's Order Directing Possession Pending Adjudication Was Upheld as the Society Had a Prima Facie Case for Redevelopment and Balance of Convenience Favoured the Society.

27 Sep 2012

The petitioner, a retired individual and member of the Ambaji Niketan Cooperative Housing Society, challenged an interlocutory order passed by the Coo...

High Court

Bombay High Court Upholds Contempt Order Against Appellant for Willful Disobedience of Injunction in Property Suit. Civil imprisonment of two months confirmed for violating ad-interim injunction granted under Order 39 Rule 1 CPC.

11 Jan 2005

The Appellant, Ramchandra Bihari Yadav, was the defendant in S.C. Suit No. 1379 of 1991 filed by the Respondent, The Zoroastrial Radih Society. On 28t...

High Court

High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

13 Sep 2024

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...

High Court

Karnataka High Court Upholds Interim Injunction in Trademark Infringement Case — 'HOTEL SPECIAL' vs 'SVT HOTEL SPECIAL' for Asafoetida. Deceptive Similarity Established Despite Addition of Prefix 'SVT'.

5 Apr 2024

The appellant/defendant, S.V.T Products, challenged an interim injunction order passed by the XVIII Additional City Civil Judge, Bengaluru, in O.S. No...

High Court

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution — Property Alienation Restrained to Safeguard Arbitral Award. The court held that a prima facie case exists for interim relief to prevent alienation of property which is subject matter of execution proceedings.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s. Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliatio...

High Court

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution. Court Restrains Respondents from Alienating Property Subject to Execution Petition to Prevent Frustration of Arbitral Decree.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliation...

Supreme Court

Supreme Court Restores Trial Court's Injunction in Society Dispute — High Court Erred in Entertaining Revision Under Article 227 When Appeal Was Available Under CPC. The availability of an appellate remedy under the Code of Civil Procedure, 1908 bars the High Court from exercising supervisory jurisdiction under Article 227, and the trial court's speedy disposal of an injunction application within the statutory time frame cannot be termed as hurried without merits.

3 Oct 2019

The case arises from a dispute within a society, where the appellants (plaintiffs) filed a suit seeking declarations and injunctions regarding the con...

High Court

High Court of Karnataka Allows Revision Petition in Probate Matter — Court Holds That Objector Has No Locus Standi to Challenge Probate Without Caveat or Prior Interest. Section 283 of Indian Succession Act, 1925 Requires Citation to All Persons Claiming Interest; Failure to File Caveat or Enter Caveat Precludes Right to Object.

18 Dec 2020

The case involves a civil revision petition filed by the petitioners (respondents in the lower court) against an order dated 10.03.2015 passed by the ...

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