Search Results for "Perpetual injunction"

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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.

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...

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Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Waqf Property Dispute. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The case involves a Civil Revision Application filed by Aurangabad Smart City Development Corporation Limited and the Municipal Corporation, Aurangaba...

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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Upholds Concurrent Findings of Ownership and Possession. Sale Deed in Plaintiff's Name Conclusive Evidence of Title Under Transfer of Property Act, 1882.

The dispute in this case revolves around a property, Gat No.729, situated at village Khamgaon, Taluka Phaltan, District Satara, measuring 2 hectares a...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...