Search Results for "Mandatory Injunction"

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Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

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Bombay High Court Dismisses Revision by Goa Pollution Control Board Against Rejection of Plaint Rejection Application. Civil Court jurisdiction not barred under Air and Water Acts for injunction against statutory authority when plaint discloses cause of action.

The case involves a Civil Revision Application filed by the Goa Pollution Control Board (Applicant/Defendant No.6) against an order of the District Ju...

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Supreme Court Dismisses Special Leave Petition in Specific Performance Suit — Limitation and Court Fee Defect Not Curable Under Section 149 CPC. Agreement Holder's Suit for Mandatory Injunction Filed Beyond Limitation Cannot Be Converted into Suit for Specific Performance by Paying Deficit Court Fee.

The dispute arose from an agreement for sale of immovable property dated 12.10.1994, where the respondent agreed to sell land and factory premises to ...

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Bombay High Court Upholds Injunction Against Bird Feeding from Balcony in Nuisance Dispute. Feeding birds from a metal tray attached to balcony window causing accumulation of bird droppings and feathers held to constitute nuisance, and injunction granted under Section 38 of Specific Relief Act, 1963.

The case involves an appeal against an order granting a temporary injunction restraining the appellants (original defendant nos. 1 and 2) from feeding...

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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.

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

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High Court of Karnataka Allows Appeal in Injunction Suit, Remands Case for Fresh Consideration on Possession and Title. Trial court's dismissal of suit and decree of counter claim set aside due to improper appreciation of evidence.

The appellant, P V Kamesh Kumar, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Permanent Injunction but Denies Mandatory Injunction and Possession. Plaintiffs failed to prove encroachment beyond existing cowshed, and no substantial question of law arose under Section 100 CPC.

The appellants, original plaintiffs Zelia D'Souza and Xavier D'Souza, filed a second appeal against the judgment and decree dated 13.12.2006 of the Ad...