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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 Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Partition Suit. Refusal of Injunction Does Not Cause Failure of Justice as Suit Can Proceed for Final Adjudication.

The petitioners, Sandeep Ramesh More, Pravin Ramesh More, and Sundarbai Ramesh More, filed a Special Civil Suit No. 43 of 2001 before the Civil Judge,...

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Bombay High Court Dismisses Appeal Against Rejection of Status Quo in Property Dispute. Trial court's refusal to continue interim protection upheld as plaintiff trust failed to establish prima facie case for injunction.

The appellants, Shree Vardhaman Sthanakvasi Jain Shravak Sangh – Dadar, a trust, filed a suit against the Municipal Corporation of Greater Mumbai, i...

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Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...

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Bombay High Court Dismisses Appeal by Cricket Association Against Injunction Restraining Expulsion of Member. Expulsion Decision Violated Natural Justice as No Opportunity of Hearing Was Given Before Imposing Five-Year Ban.

The case involves an appeal by the Mumbai Cricket Association (MCA) against an order dated 7 September 2013 passed by the City Civil Court, Greater Mu...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Injunction Set Aside Due to Vague Pleadings and Lack of Prima Facie Case. The court held that without proper proof of trademark ownership and clear pleadings, an interim injunction cannot be granted under the Trade Marks Act, 1999.

The case involves an appeal against an interim injunction granted by the Principal District Judge, Pune, restraining the appellants from using the tra...