Search Results for "Order 43 Rule 1(r) CPC"

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Search Results for "Order 43 Rule 1(r) CPC"

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High Court

High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Property Dispute — Orders Notice to Defendants Without Granting Injunction. Court holds that granting ex parte injunction without recording satisfaction of exceptional circumstances under Order 39 Rule 3 CPC is improper.

30 Jun 2026

The appellant in MFA 3477/2026, Sri Suresh Babu J N, and the appellants in MFA 3478/2026, Smt. B Rajeshwari and others, filed miscellaneous first appe...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Temporary Injunction in Property Suit — Prima Facie Case and Irreparable Injury Established for Suit Property Protection. The court held that the appellant had made out a prima facie case, balance of convenience was in her favour, and irreparable injury would be caused if injunction was not granted under Order 39 Rule 1(a) CPC.

7 Jul 2025

The case involves a property dispute among family members. The appellant, Smt. M.D. Devamma (since deceased, represented by her legal heir Sri. Harish...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

19 Jan 2024

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

High Court

Bombay High Court Allows Society's Appeal Against Injunction in Redevelopment Dispute — Single Member Cannot Stall Majority Decision. Section 104 CPC read with Order 43 Rule 1(r) CPC — Trial court's interim injunction restraining society from redevelopment set aside as it was based on disputed facts and balance of convenience favored the society.

7 May 2021

The appellant, Abhanga Samata Co-operative Housing Society Ltd., a society registered under the Maharashtra Co-operative Societies Act, 1960, is the o...

High Court

High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

17 Sep 2018

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

High Court

Bombay High Court Allows Appeal Against Refusal of Interim Injunction in Specific Performance Suit — Agreement Holder with Substantial Payment and Possession Entitled to Protection. Prima Facie Case Established Under Order 39 Rules 1 and 2 CPC for Injunction to Maintain Status Quo Pending Trial.

30 Jun 2015

The appellant, M/s. Heera Laxmi Contractors Pvt. Ltd., filed a suit for specific performance of an agreement to sell agricultural land and for permane...

High Court

Bombay High Court Dismisses Revision Application as Not Maintainable in Civil Suit for Injunction — Order Refusing Temporary Injunction Is Appealable Under Order 43 Rule 1(r) CPC. Revision Under Section 115 CPC Is Not Maintainable When an Alternative Remedy of Appeal Exists.

31 Jul 2013

The present Civil Revision Application was filed by the applicants, Babybai w/o Skharam Pardeshi and Madansingh s/o Dharamsingh Pardeshi, against the ...

High Court

High Court of Karnataka Allows Appeal Against Vacation of Status Quo in Construction Dispute — Plaintiff's Right to Setbacks Protected Pending Trial. The court restored the status quo order granted on 16.11.2012, holding that the trial court vacated it without any change in circumstances, and directed expeditious disposal of the suit.

13 Mar 2013

The appellant, Dr. C.M. Balakrishnan, filed a suit (O.S. No. 8120/2012) before the XXVII Additional City Civil Judge, Bangalore, seeking to restrain t...

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