A. Supervisory Jurisdiction under Article 227—While examining orders granting temporary injunction, the appellate court is empowered to assess whether the trial court adhered to settled principles governing injunctions, namely prima facie case, balance of convenience, and irreparable injury—Interference is justified only where discretion is exercised arbitrarily, perversely, or capriciously—In the present case, absence of a prima facie case and lack of balance of convenience justified setting aside the injunction. B. Additional Evidence in Appeal—Order 41 Rule 27 CPC applies where evidence has already been led before the trial court—It is inapplicable at a stage where evidence is yet to be adduced—Filing of additional documents caused no prejudice, particularly when plaintiffs failed to establish a p...

A. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary injunction—Memorandum of Understanding (MOU)—Unstamped and unregistered document—Enforceability—Plaintiffs sought ad-interim injunction on the basis of an alleged MOU for construction of multi-storeyed residential complex—MOU neither duly stamped nor registered and execution denied—MOU conferred 42% ownership rights in immovable property in favour of builder—Held, such MOU is compulsorily registrable and chargeable with stamp duty—Unstamped and unregistered MOU inadmissible in evidence and does not create enforceable right, title or interest—No injunction can be granted on its basis. [Paras 44–46, 63–64, 70] B. Specific Relief Act, 1963—Sections 38 & 41(h)—Suit for injunctio...

CPC—Order 39 Rules 1 & 2—Temporary Injunction—Article 227 Constitution of India—Challenge to Appellate Order—Marital Status—Void Marriage under Section 11 read with Section 5(i), Hindu Marriage Act, 1955—Fraud, Daan Patra, Affidavit by First Wife—No Legal Right to Represent as Wife—Held: Where the respondent’s valid subsisting marriage is undisputed, any subsequent marriage ceremony performed during the subsistence of that marriage is void ab initio—A woman claiming marital status on the basis of a void marriage acquires no prima facie legal right to represent herself as the respondent's wife—Documents such as a ‘Daan Patra’ by the respondent’s father or an affidavit by the legally wedded wife expressing “no objection” cannot lega...

Civil Procedure—Temporary Injunction—Unregistered Agreement to Sell—Registered Sale Deed—Prima Facie Case—In a suit seeking declaration of title and cancellation of a registered sale deed, the grant of temporary injunction based solely on an unregistered agreement to sell executed 31 years earlier is legally unsustainable—Under Section 54, Transfer of Property Act, immovable property valued above ₹100 can be transferred only by a registered instrument; an unregistered agreement to sell does not convey title but merely gives rise to a right to seek specific performance—Where no relief of specific performance is claimed, the plaintiff lacks a prima facie case, and the trial court erred in granting injunction. (Paras 1, 3, 16, 17, 19, 21, 28) An agreement to sell, even if accompanied by alleged ...

Transfer of Property Act, 1882—Registration Act, 1908—CPC Order 39 Rules 1 & 2—Unregistered Receipt—Injunction—Due Process of Law—Possession—An unregistered receipt acknowledging part payment towards an alleged purchase of immovable property cannot be treated as evidence of an agreement to sell under the proviso to Section 49 of the Registration Act, 1908, unless the document itself contains contractual covenants relating to transfer of the property—A mere acknowledgment of money, unconnected to operative terms of sale, is inadmissible even for collateral purposes—No suit for specific performance having been filed, and the receipt containing no term affecting the immovable property, it cannot be relied upon to establish any agreement to sell the suit property (Paras 9, 10). In p...

A. Civil Procedure Code, 1908—Or. 39 Rr. 1, 2 & 4 and Or. 43 R. 1(r)—Ex parte temporary injunction—Appealability and concurrent remedies—An order granting an ex parte temporary injunction under Order XXXIX Rules 1 and 2 is appealable under Order XLIII Rule 1(r)—A party aggrieved by such an order is entitled to prefer an appeal within the limitation period prescribed by the Limitation Act, 1963—Independently of the appellate remedy, the aggrieved party may also apply to the same court under Order XXXIX Rule 4 for discharge, variation or setting aside of the injunction—Both remedies are concurrent in nature and the availability of one does not bar the other; they may be pursued simultaneously in accordance with law. (Paras 69–70) B. Civil Procedure Code, 1908—Or. 39 Rr. 1, 2 ...

A. Civil Procedure Code, 1908 (CPC)—Order VI, Rule 17—Amendment of Pleadings—Subsequent Events—Application to amend plaint during pendency of appeal to include events occurring in appeal period—Held, amendment should have been allowed in interest of justice—Appellate Court erred by commenting on merit and veracity of Local Commissioner's report without permitting respondent to file amended written statement or lead evidence—Allowing amendment does not imply admission of averments. (Paras 8–10) B. Civil Procedure Code, 1908 (CPC)—Order VI, Rule 17—Amendment of Pleadings—Due Diligence—Amendment sought after new developments during appeal—Test of due diligence satisfied—In the interest of justice, amendment to incorporate subsequent events must be perm...

A. Madhya Pradesh Land Revenue Code, 1959—Section 131—Customary Access Route—Jurisdiction of Tehsildar includes determination of access routes based on long-standing usage, even if such routes are not recorded in the village revenue records (wajib-ul-arz)—Emphasis is placed on prior custom and the practical convenience of cultivators, rather than strict easement rights under general law. (Paras 13–17) B. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Denial of injunction by Civil Court and affirmed by Appellate Court—Courts should refrain from interfering with revenue authority findings regarding customary agricultural routes at the interlocutory stage, especially where such findings are evidence-based and not shown to be perverse. (Para 17) C. Civil Pro...

A. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Application dismissed by trial court and appellate court for lack of prima facie case—Petitioner claiming ownership through student-teacher tradition failed to establish title—Revenue records showed Ram Mandir as owner—Petitioner's claim of ancestor’s Bhumiswami status not supported by evidence—No injunction granted. (Paras 4, 12–14) B. Madhya Pradesh Land Revenue Code, 1959—Sections 117, 158(1)(b)—Bhumiswami Rights and “Pakka Krishak” Status—Revenue records presumed correct unless rebutted—Petitioner failed to disprove record showing Ram Mandir as Bhumiswami—Ancestor’s status not properly established; name deletion not challenged timely. (Paras 5, 14) C...

A. Constitution of India, 1950—Article 227—Revisionary jurisdiction of High Court—High Court can supervise subordinate courts and interfere if orders are contrary to settled legal principles, passed without proper appreciation of evidence, or cause irreparable prejudice. B. Civil Procedure Code, 1908 (CPC)—Order 39 Rules (1) & (2)—Temporary injunction—Interim relief can be granted to prevent a second marriage, as it may cause mental injury to the first husband and such a marriage may be void and punishable under the Hindu Marriage Act, 1955. C. Hindu Marriage Act, 1955—Sections 5(1), 11, and 17—Second marriage solemnized while the first subsisting marriage remains valid is void and constitutes an offence. D. Family Courts Act, 1984—Section 7—Jurisdiction of Family Co...

Civil Procedure Code, 1908 (CPC)—Order 39 Rules 1 and 2—Temporary Injunction—Application filed seeking interim and temporary injunction against defendant for alleged infringement of plaintiffs’ distinctive trade dress relating to the ‘COAT POCKET edition’ of the Constitution of India Bare Acts. (Para X) Trade Dress—Passing Off—Deceptive Similarity—Defendant adopted trade dress substantially similar to plaintiffs’ product including colour scheme, font style, text layout, gilt edging, book posture colour, and embossed gold detailing—Prima facie case of passing off and infringement established. (Para X) Trade Dress—Customer Recognition and Goodwill—Consistent and distinctive use of specific colour combination and design elements over time results in consumer ...

Civil Procedure Code, 1908—Order 39 Rule 2A—Disobedience of Temporary Injunction—Direction for Expeditious Disposal—Judicial Order to Expedite Long-Pending Misc—Where an application under Order 39 Rule 2A CPC alleging disobedience of a temporary injunction granted in a civil suit has remained pending since 2019, despite objections having been filed, the High Court may intervene under writ jurisdiction to ensure timely adjudication—In this case, the petitioner sought a direction to the Civil Judge (Junior Division), Bajpur, to decide Misc. Civil Case No.01 of 2019 expeditiously—Considering the long pendency and the innocuous nature of relief sought, the Court directed the trial court to expedite the hearing and decide the application, preferably within one year from the date of production of the ce...

A. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Challenge under Article 227—Application for temporary injunction in a suit for declaration of title and permanent injunction was rejected by the trial court, affirmed by the appellate court, and challenged through a petition under Article 227 of the Constitution. (Para 1) B. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Prima Facie Possession vs. Merits—For grant of temporary injunction, what is relevant is whether the applicant has prima facie possession—Courts are not required to go into the detailed merits of the case at this stage. (Para 10) C. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Possession of Trespassers Not Protected—Petitioners’ names were not recorded as Bhu...

A. Commercial Courts Act, 2015—Section 13(1-A)—Appeal against Order Granting Temporary Injunction—Appellate Review of Discretion—While entertaining an appeal under Section 13(1-A) against an order granting a temporary injunction, the High Court is not to interfere with the discretion exercised by the lower court unless such discretion is shown to be arbitrary, capricious, perverse, or based on an incorrect application of legal principles—Interference is justified only if the impugned order suffers from such infirmities. (Para 42) B. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Continuation of Status Quo—The fact that the restraint order had been in force for four years was relevant in considering whether the status quo should be maintained—In the ab...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 3—The grant of an ex parte ad interim injunction, especially one in the nature of a mandatory injunction, must be backed by compelling and exceptional circumstances—The proviso to Rule 3 specifically requires the court to record reasons for dispensing with prior notice to the opposite party—Failure to do so constitutes a violation of the statutory mandate and renders such an order procedurally illegal—Courts must apply a higher threshold of judicial scrutiny when issuing mandatory injunctions at the interim stage, given their irreversible nature—In the absence of recorded reasons, the order reflects non-application of mind and cannot be sustained in law—The High Court’s supervisory jurisdiction under Article 227 of the Constitution of India empo...

A. Civil Procedure Code, 1908 (CPC)—Order 39 Rule 2(2)—Security for Performance Order 39 Rule 2(2) is an ancillary provision and cannot be invoked independently—It is intended to support the grant of an injunction under Order 39 Rule 1—If no injunction is granted under Rule 1, there is no legal basis to seek security under Rule 2(2)—In this case, the plaintiff’s application for a temporary injunction, which was aimed at securing amounts due under a Transportation Services Agreement (TSA), was dismissed because the TSA had expired—As a result, the claim for security under Rule 2(2) could not be considered in isolation. (Paras 16, 18, 19) B. Indian Contract Act, 1872—Sections 73, 74—Liquidated Damages and Specific Performance The plaintiff’s claim for compensatory freight char...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2, Section 151—Temporary Injunction and Status Quo—Mutation Proceedings—Property Law—Co-ownership—Constitution of India, Article 227—The High Court quashed the appellate order permitting partial construction on disputed property, restoring the trial court’s status quo order—The defendants had repeatedly obtained mutation orders based on a contested will, often without impleading all legal heirs or disclosing previous adverse rulings; such orders were later set aside—Allowing construction prior to determination of title and validity of the will would cause irreparable harm to plaintiffs and lead to multiplicity of litigation—The Court emphasized that altering property status without clear title could prejudice the successful ...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Civil Procedure—Temporary Injunction—Unregistered and Unstamped Agreement—Admissibility under Section 35 of Stamp Act—Modification of Injunction—In [Name Redacted] v. [Name Redacted], the Bombay High Court modified the temporary injunction granted by the trial and appellate courts in a dispute arising out of an unregistered and insufficiently stamped development agreement—The plaintiff relied on a notarized tabe-isar-pavti executed on ₹100 bond paper, claiming possession and partial payment of ₹22 lakhs towards a sale consideration of ₹92.5 lakhs—The trial court had restrained the defendant from alienating the property and from disturbing plaintiff's possession—The High Court held that the agreement, being unregistered an...

Civil Procedure Code, 1908—Order 39 Rules 1—This writ petition, the petitioners—sisters and plaintiffs in a pending civil suit—challenged the dismissal of their application under Order 39 Rules 1 & 2 CPC seeking temporary injunction against their brother (respondent no.1) from altering the residential character of their jointly inherited property, the Dwarkadhish Haveli in Nathdwara—The dispute centers on the reinstallation of an idol by the respondents, allegedly converting the Haveli into a public temple without the petitioners' consent—The respondents contended that the property is a public trust, supported by a Will and relinquishment deed by the petitioners—The Court had earlier passed an interim restraint order on 02.07.2025—Upon full hearing and failed mediation attempts, the ...

(A) Civil Procedure Code, 1908—Order 8 Rules 3, 4, 5—Pleadings—Admissions—Estoppel—Effect of Admissions and Deemed Admissions under Order 8 CPC—State Instrumentality Estopped from Denying Title—Where a defendant, particularly a State authority, has in prior litigation unequivocally admitted having no concern with the disputed property, and in the present proceedings admitted that the plaintiffs’ predecessors were allotted the land by the government, such admissions are binding—Failure to specifically deny plaint averments concerning plaintiffs' title and possession—Derived from government allotment and supported by sale deeds —Constitutes deemed admission under Order 8 CPC—The principle of estoppel bars the defendant from subsequently asserting conflicting claims ...

(A) Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Prima Facie Case—In a suit seeking cancellation of a registered sale deed executed by the plaintiff himself, a mere averment that he was not mentally stable at the time of execution, without specifically denying his admitted signature, appearance before the Sub-Registrar, or detailing concrete acts of fraud or coercion, is insufficient to establish a strong prima facie case—In such circumstances, the grant of temporary injunction to restrain the rights of a subsequent bona fide purchaser is not warranted—The burden lies heavily on the plaintiff to substantiate mental incapacity or fraud with credible evidence—A vague or unsupported plea cannot override the presumption of validity attached to a duly registered document.&nb...

Registration Act, 1908—Sections 17—This case examines the admissibility of unregistered Agreements for Sale under the Registration Act, 1908—It is clarified that an Agreement for Sale of immovable property is not compulsorily registrable under Section 17 of the Act—Despite being unregistered, such an agreement can still be admitted as evidence in a specific performance suit under the proviso to Section 49, especially at the interim stage—The Court emphasized that dismissing an unregistered Agreement for Sale based solely on non-registration is erroneous—Additionally, even unregistered documents required to be registered (e.g., mortgage deeds) can be considered for collateral purposes, such as determining possession—The Court further clarified that an Agreement for Sale does not create an interest ...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—In a dispute over ownership and partition of property, the appellate court upheld the Trial Court’s order granting a temporary injunction in favor of the plaintiff—The plaintiff, claiming a 1/36th share in the property based on registered gift deeds, argued that the property had not been properly partitioned and that vague descriptions in the deeds did not establish clear ownership—The court found that the plaintiff had made out a prima facie case, with the balance of convenience favoring the maintenance of the status quo to prevent irreparable harm from construction activities on the property—Despite the defendants’ claims of estoppel and lack of ownership, the court concluded that an injunction was necessary to avoid further complications and...

Jurisdictional issues regarding revenue authorities and Will authenticity—Temporary injunctions—It held that revenue records do not confer property title, necessitating a civil court declaration for Will enforcement—Orders by revenue authorities were quashed, allowing the Will's proponent to seek validation in civil court—The court emphasized recording legal heirs in revenue records while granting parties liberty to seek temporary injunctions from civil courts—The dispute centered on land ownership post 'M's death, challenging revenue courts' jurisdiction over Will authenticity—The court affirmed the propounder's burden to prove the Will's genuineness, voiding suspicious circumstances to satisfy judicial conscience. ...

Petition under Article 227 challenges orders from 12.5.2022 and 7.3.2023 by lower courts in Jabalpur regarding a partnership dispute over a hospital—Despite a previous injunction favoring the petitioner, subsequent court actions didn't consider its effect—The appellate court sets aside these orders and remands the matter to the trial court—It directs the trial court to determine if the earlier injunction automatically revived upon the restoration of the counterclaim—The decision emphasizes an oversight by previous courts in addressing the prior injunction's impact—Ultimately, the petition succeeds, and the matter is sent back for reconsideration. ...

Civil Procedure Code, 1908, Section 151 Order 39 Rule 1 and 2—Temporary injunction—Reject the plaint—The appeal arises from the Trial Court's decision to grant a temporary injunction in favor of the plaintiff, an employee of the defendant organization—The plaintiff challenged his suspension, contending that the General Secretary lacked authority to suspend him, and the Trial Court found merit in his argument—The Court observed that no substantial evidence was presented regarding the alleged misconduct, and the suspension seemed pre-determined—The defendant argued a subsequent ratification, but the Court held it lacked merit—The Trial Court's decision, based on a lack of evidence and apparent procedural irregularities, was upheld—The Court also noted the non-payment of subsi...

Registration Act, 1908 - Section 49—Registration (Madhya Pradesh Amendment) Act, 2014, Section 17(1)(b)(f)—Transfer of Property Act, 1882, Section 52—Temporary injunction—Suit for declaration—The appellant filed an appeal under Order 43 Rule 1(R) of the Civil Procedure Code against the rejection of their application for temporary injunction in a suit for declaration, permanent injunction, and specific performance of a land sale contract—The trial court had rejected the application, citing the unregistered nature of the agreement and the subsequent sale of the land to another party—The appellant argued that Section 49 of the Registration Act exempts unregistered documents from affecting the immovable property and relies on the decision in R. Hemalatha—The court, disagreeing with the trial cou...

Civil Procedure Code, 1908 (CPC) - Order 39 Rule 1 and 2—Temporary injunction—Appellants have established a prima facie case of ownership over the property, and they have the right to its possession. Even if the public disposes of garbage on the vacant plot, it does not change the ownership status. The defendants lack a better title to the property and have no right to alter the property's nature by using it as a dump. The defendants have failed to demonstrate any legal provision that would allow them to deprive the plaintiffs of the land without acquiring it through an agreement or legal means. Therefore, a temporary injunction has been granted to protect the appellants' rights and prevent further unauthorized use of the property. ...

(A) Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1, Order 39 Rule 2—Temporary injunction—Partition as well—Sale deed executed—Prima-facie—Dispute over a shop, with the plaintiff seeking a declaration and partition and filing an application for a temporary injunction against the defendants—The plaintiff claimed that his grandfather and the father of defendant no.1 had a joint business and jointly rented the disputed shop—However, defendant no.1 got the shop's sale deed executed in favor of his grandson without the knowledge of the plaintiff's grandfather. A written understanding was later executed in 1964, where it was agreed that the plaintiff's grandfather would be entitled to half share in the shop. In July 2020, the plaintiff's brother was restrained from entering the sh...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Temporary Injunction—The appeal challenges the order of the Trial Court granting a temporary injunction in favor of the plaintiff, who claims a share in the property of the late Shashi Bhushan based on a disputed Will—The defendants denied the execution of the Will, asserting that it was forged and surrounded by suspicious circumstances—The Trial Court, however, found a prima facie case for the plaintiff and granted the injunction—The appeal court found that the Trial Court had wrongly shifted the burden of proof to the defendants and failed to properly analyze the balance of convenience and irreparable injury—The court emphasized that the plaintiff failed to prove a prima facie case and did not show how the defendants’ actions would cause irr...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Temporary Injunction—Land Acquisition—Public Purpose: In a suit seeking a permanent injunction to restrain defendants from constructing a road on the plaintiffs' property, the trial court dismissed applications for a temporary injunction—The plaintiffs contended that the land being used for the road formation was not included in the land acquisition notifications—The defendants argued that the acquisition was for public use and the plaintiffs' remedy was compensation—The appellate court held that the plaintiffs failed to establish the boundaries of their land through a survey before the suit—As the plaintiffs' challenge to the acquisition was rejected, the court found compensation to be the appropriate remedy—The rejection of...

Civil Procedure Code, 1908 (CPC)—Order 39, Rules 1 and 2—Temporary Injunction—Bona Fide Purchasers—An appeal was filed challenging the trial court's order granting a temporary injunction in favor of the plaintiffs, restraining the appellants (defendant Nos. 5 and 6) from interfering with the possession of the suit properties—The appellants claimed to have purchased the properties from the plaintiffs' relatives after an alleged family partition in 1988, arguing that they were bona fide purchasers—The trial court's decision to grant an injunction was deemed erroneous, as it made premature findings regarding the appellants' status as bona fide purchasers—The appellate court held that such matters should be decided during the trial, not at the interim stage—Consequently, the orde...

Code of Civil Procedure, 1908 (CPC)—Order 43 Rule 1(r), Order 41 Rule 1—Temporary Injunction in Appeals: In an appeal under Order 43 Rule 1(r) of the CPC, challenging the grant of a temporary injunction, the appellate court must consider if the trial court properly exercised discretion based on prima facie case, balance of convenience, and irreparable injury—In appeals under Section 96 read with Order 41 Rule 1, seeking temporary injunctions pending appeal, the appellate court’s discretion is broader—It should preserve the status quo, particularly if a temporary injunction was in force during the trial—The appellate court may look into evidence to determine the property's status but should avoid disturbing the status quo unless exceptional circumstances exist—Here, since the temporary inj...

Uttar Pradesh Revenue Code, 2006—Section 144, Section 145, Section 146, Section 210—This legal document pertains to a case involving land disputes in Moradabad, Uttar Pradesh—The petitioners sought to quash two orders related to the land issue and prevent interference with their land possession—The case revolves around land originally allotted to the petitioners' predecessors but was mistakenly recorded as class III tenure holders—The order expunging their names from revenue records was recalled and dropped—Subsequent revisions and appeals led to the matter being before the Board of Revenue—The petitioners filed a suit under Section 144 of the Revenue Code and an application for a temporary injunction under Section 146, which was rejected. The court considered the revi...

A. Civil Law Injunction—Temporary Injunction—Scope and ambit of Held, the stage of deciding the application for temporary injunction, the Court is not required to go into the merits of the case in detail and hold a mini trial—What the Court has to examine is (i) the plaintiff has a prima facietrial; (ii) the protection is necessary from that species of injuries known as irreparable before his legal right can be established; and (iii) that the mischief of inconvenience likely to arise from withholding injunction will be greater than what is likely to arise from granting it. B. Civil Law Injunction—Interlocutory Injunction—Aim and object of—Held, interlocutory injunction is an equitable remedy—It is designed to ensure that no irreparable harm is caused to the respective rights of the par...

Partition Act, 1893—Section 4—Transfer of Property Act, 1882—Section 44—Dwelling house—Stranger to a family/Co-sharer—Partition—Issue of It would be incumbent upon the Court to see that certain conditions as enumerated hereinafter are fulfilled before an order can be passed enforcing the right of a person in terms of the said Section 4 of the Partition Act, 1893— (i) It is sine-qua-non that the disputed property must be a family dwelling house where the co-owners have undivided share and one or more of such co-owners have affected a transfer of their undivided share. (ii) For invoking Section 4 of the Partition Act the transferee of an undivided share of the co-owner should be a stranger/outsider to the family. PANKAJJ AWASTHI (iii) Such a stranger purchaser must institute proceedin...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 4—Partition Suit—Temporary Injunction—Modification of Order—Balance of Convenience and Irreparable Injury Consideration—In a suit for partition and separate possession of seven properties, the respondent (plaintiff) obtained an ex-parte temporary injunction restraining the appellant (defendant) from constructing on two properties—The appellant sought to vacate the injunction, arguing that he had already partially constructed a house on one property, covering 65ft x 55ft, and the respondent, at best, would be entitled to only 1.5 guntas—The trial court rejected the appellant’s application—On appeal, the High Court modified the order, allowing the appellant to complete his residential construction on the specified portion of the proper...

Constitution of India, 1950—Article 227—Civil Procedure Code, 1908—Order 39 Rule 1, Order 39 Rule 1(c), Order 39 Rule 2, Order 43 Rule 1(r), Section 115—Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Section 143, Section 176, Section 182—Rejecting the temporary injunction—The petition under Article 227 challenges an order allowing a civil revision and setting aside a trial court's order rejecting a temporary injunction application—The suit seeks a mandatory injunction to remove constructions on the disputed property—The revisional court ordered both parties to maintain status quo during the pendency of the suit—The petitioner argues that since the final relief sought is mandatory injunction, no temporary injunction is permissible—The court disagrees, emphasizi...

Civil Procedure Code, 1908 – Order 39 Rule 3, Order 43 Rule (1), Order 41 Rule 27 – Temporary Injunction—In the present case, the trial court had granted an ex-parte interim injunction with recorded reasons and fixed 28.08.2020 for hearing the application under Order 39 Rule 1 and 2 CPC—The plaintiff was directed to comply with the provision of Order 39 Rule 3 CPC—However, before the said date and without entering appearance before the trial court, Defendant No. 1. who had purchased the disputed property from a co-sharer—filed a miscellaneous appeal—The lower appellate court entertained the appeal and set aside the trial court's interim order—Significantly, affidavits were filed and accepted by the appellate court without compliance with Order 41 Rule 27 CPC, which mandates that addition...

Civil Procedure Code, 1908 (CPC)—Section 151, Order 39 Rules 1, 2, and 2A—Police Protection—Temporary Injunction—Implementation of Court Orders—Held, the trial court granted an order of injunction in favor of the plaintiffs, restraining the defendant from interfering with their possession of the suit property—However, it kept the application for police protection in abeyance—The High Court observed that a temporary injunction order must be effectively implemented to prevent its violation, and police protection may be directed to ensure compliance—The existence of a remedy under Order 39 Rule 2A for contempt does not bar the court’s power to enforce its orders prospectively—Pending appeal against the injunction does not affect its enforceability until set aside—The High Cour...

Civil Procedure Code, 1908—Order 39 Rules 1 and 2—Temporary Injunction—Prima Facie Case, Possession, and Misinterpretation by Trial Court—The appeal was filed against the order granting an interim injunction to the plaintiff, restraining the defendants from interfering with the suit property—The plaintiff claimed ownership based on an unregistered General Power of Attorney (GPA) and a registered sale deed—The defendants contended that the property was ancestral, partitioned by a registered deed, and the suit property was non-existent as per their records—The appellate court held that the unregistered GPA did not convey title, and the plaintiff failed to establish possession or the existence of the claimed property—The trial court’s confusion regarding the sale deed’s date undermi...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1, Order 39 Rule 2—Temporary Injunction—Grant Justified to Preserve Status Quo in Property Dispute with Historical and Religious Significance—In a dispute involving the property known as ‘Mahamane,’ alleged to be the birthplace of Lord Sharanbasveshwar, the trial court granted a temporary injunction against Defendant No. 2 to prevent alterations until the case’s resolution—The plaintiff presented evidence of long-standing claims, including tax receipts and government correspondences, establishing prima facie ownership and historical value—The trial court determined that maintaining the status quo would avert irreparable harm and uphold the case’s integrity, as unilateral alterations by the defendant could affect the final outcome&mda...

Civil Procedure Code, 1908 (CPC)—Section 151—Trade Marks Act, 1999—Section 135(2)—Infringement and Passing Off—Temporary Injunction In an appeal against the trial court’s order allowing I.A. No. IV under Section 151 CPC and Section 135(2) of the Trade Marks Act, 1999, the appellate court examined the plaintiff’s claim for a temporary injunction—The plaintiff, a registered partnership firm, held a valid trademark for ‘Mathaji Brand’ (device of Mother Theresa) and sought relief against defendants for allegedly infringing and passing off deceptively similar rice packages—The plaintiff argued that defendants misrepresented their goods by using a similar brand name and logo, causing confusion among consumers—Despite cease and desist notices, the defendants continued their...

Civil Procedure Code, 1908—Order 39, Rules 1 & 2—Temporary Injunction—Prima Facie Case, Balance of Convenience, and Irreparable Injury—The defendants appealed against an order of temporary injunction granted by the trial court in favor of the plaintiff in a suit for permanent injunction—The plaintiff, claiming ownership of the suit property by virtue of a registered gift deed, alleged interference by the defendants—The trial court, after evaluating the documents and submissions, concluded that the plaintiff had established a prima facie case and balance of convenience in her favor—The appellate court upheld the trial court's decision, emphasizing that issues regarding the validity of the defendants' claims and documents need to be addressed during the trial—The appellate court al...

Civil Procedure Code, 1908 (CPC) - Order 39 - Temporary injunction - Jurisdiction -the party invoking the jurisdiction of the Court has to show that he himself was not at fault and that he himself was not responsible for bringing about the state of things complained of and that he was not unfair or inequitable in his dealings with the party against whom he was seeking relief. His conduct should be fair and honest. (See : Gujarat Bottling Co. Ltd. vs. Coca Cola Co., (1995) 5 SCC 545) (Para 23) ...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Prima facie title—Ancestral property—Revenue entries—Suppression of facts—Concurrent findings—No interference warranted under Article 227—Petitioners (defendants) challenged the concurrent orders of the trial court and appellate court granting temporary injunction in favour of the plaintiff in a suit for declaration and injunction regarding 6 acres 6 guntas of land in Sy. No.45—Plaintiff claimed the property as ancestral, inherited from his father, Muninarasimhaiah—The defendants asserted ownership under a sale deed dated 27.12.1952, claiming the entire extent, and relied on revenue records in their favour—Held, prima facie revenue records earlier stood in the name of the plaintiff’s father...

Information Technology Act, 2000—Section 79—Intermediary liability—Temporary injunction—Defendant e-commerce platform hosted and facilitated sale of plaintiff’s products without consent—Despite email notices, failed to remove listings—Claimed protection under safe harbour provisions as intermediary—Trial court granted temporary injunction—Held, platform failed to exercise due diligence under IT Rules, 2011 and acted beyond intermediary role by billing and providing logistics—Appeal dismissed—Where the plaintiff, a direct selling entity, sought an injunction against the defendant e-commerce platform for unauthorised sale of its products, the trial court granted temporary injunction—The platform claimed it was a passive intermediary under Section 2(1)(w) of the IT Act a...

Code of Civil Procedure, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Conflicting Orders in Similar Suits—Quashing of Land Acquisition—Possession Dispute—Status Quo Directed—In a batch of connected appeals arising out of three different suits (O.S.25248/2019, O.S.5760/2018, O.S.2931/2019) involving allotments made by Gavipuram Extension HBCS pursuant to an acquisition of land that was later quashed in W.P. No. 1845/1990, the Karnataka High Court considered conflicting orders passed by trial courts on applications under Order 39 Rules 1, 2, and 1(a) CPC—In one suit (O.S.25248/2019), the trial court refused injunction to the plaintiff (claimant under society allotment) and granted the same to defendants (original landowners/purchasers from landowners), primarily on the ground that lan...

CPC, Order 39 Rules 1 & 2—Temporary Injunction—Prima Facie Case—Balance of Convenience—Irreparable Injury—Delay and Conduct of Plaintiffs—Plaintiffs sought temporary injunction restraining Defendant No.17 (Builder) from construction over Item Nos.1 to 14 of suit schedule properties in partition suit—Trial court denied injunction for certain properties including Item Nos.1 & 2, where construction had already commenced—Plaintiffs filed appeal with IA seeking interim injunction—Defendant No.17 contended significant investment made, 50% construction complete, and delay in filing suit undermines plaintiffs' claim—Appellate court held that plaintiffs had not approached court with clean hands; conduct and delay critical—Dismissed appeal, upheld trial court’s orde...

Civil Procedure Code, 1908 (CPC) - Order 41 Rule 27—Specific Performance—Bona Fide Purchaser—Section 52 of Transfer of Property Act—Temporary Injunction—Order XLI Rule 27 CPC—Where plaintiff sought specific performance of an agreement dated 6/7/1994 against defendant Nos.1 and 2, and during pendency of the suit a temporary injunction was granted restraining alienation, defendant Nos.1 and 2 nevertheless executed a sale deed in favour of defendant Nos.3 and 4—The trial Court dismissed the suit; however, the First Appellate Court decreed specific performance, directing execution of the sale deed by the defendants—Defendant Nos.3 and 4 filed second appeal and sought to introduce new documents for the first time under Order XLI Rule 27 CPC. ...

Civil Procedure, 1908—Order XXXIX Rules 1 and 2—Temporary Injunction—Prima Facie Case—Balance of Convenience—Irreparable Injury—Identity of Property in Dispute—Appeal against Grant of Injunction—Interference by Appellate Court Justified—Principles Reiterated—The plaintiffs filed three suits (O.S. Nos. 2918/2017, 2914/2017, and 2912/2017) seeking permanent injunction against the defendants alleging interference with their possession over certain sites in Sy. No. 4 of Chikkabettahalli Village, Yelahanka Hobli, Bangalore North Taluk—They relied on sale deeds executed by a housing society and revenue records to assert ownership and possession—The trial court granted temporary injunctions restraining the defendants from interference—The appellate court found that the...

Civil Procedure Code, 1908 (CPC)—Order XXXIX Rules 1 and 2—Temporary Injunction—Plaintiffs/appellants seeking temporary injunction against defendants/respondents over disputed property—Suit property originally purchased by plaintiffs’ ancestor under Sale Deed dated 29.06.1959 mentioning incorrect survey number (Sy.No.37/1 instead of Sy.No.44)—Plaintiffs claim boundaries prevail over survey number error—Defendants claim title over Sy.No.44/2 and Sy.No.44/7 based on registered sale deed of 1964 and family partition—Revenue records and mutations in defendants’ favor—KIADB acquisition disputed—Trial Court rejects plaintiffs’ interim applications and vacates temporary injunction—Appeal challenging rejection—Plaintiffs fail to establish prima facie case, balance...

Civil Procedure Code, 1908—Order 39, Rules 1 & 2 and Order 43—Temporary Injunction—Granting interlocutory relief—No requirement to cross-examine entire pleadings before passing order—Necessity to record need, justifiable and compelling circumstances based on pleadings and documents—Several factors influencing the case which delayed final disposal—Focus on continuing the process to serve ends of justice regardless of order being favorable or adverse—Suit filed on 03.10.2017 with temporary injunction effective till next hearing or further orders—Responsibility not to be shifted between predecessor and successor—Court’s directions issued accordingly. ...

Civil Procedure Code, 1908 (CPC)—Order 39 Rules 1 & 2—Temporary Injunction—Existence of Right of Way over Layout Road ("B" Schedule Property)—Concurrent Findings—No Interference Warranted under Article 227 of the Constitution. The petitioners-defendants challenged concurrent orders of the Trial Court and First Appellate Court granting temporary injunction in favour of the plaintiffs (respondents herein), restraining the defendants from interfering with the use of a 10-feet wide road ("B" schedule property), claimed to be part of the layout plan and serving as right of way to the plaintiffs' property ("A" schedule property)—The plaintiffs relied upon a registered sale deed from the layout-developing society (defendant No. 6) and a layout plan showing the 10-feet...

Civil Procedure Code, Order 39 Rules 1 & 2—Temporary Injunction—Disputed Title—Gift Deed vs Sale Deed—Status Quo—Appellate Interference—Writ Petition—Maintenance of Status Quo—The defendant challenged the appellate court’s order granting temporary injunction in favor of the plaintiff, reversing the trial court’s order which directed both parties to maintain status quo regarding the suit property—The plaintiff claimed ownership and possession based on a 1995 sale deed, while the defendant claimed ownership through a registered gift deed dated 31.03.1993 with corresponding revenue entries—The trial court found that both parties produced documents supporting their claims and held that at the interlocutory stage, possession and ownership disputes require trial and dir...

Constitution of India, 1950—Article 227—Civil Procedure Code, 1908—Order XVIII Rule 1(r)—Temporary Injunction—Easementary Rights—Declaration—Petitioners assailed the order of the lower Appellate Court allowing appeal under Order XVIII Rule 1(r) CPC, granting temporary injunction over a road passing through petitioners’ land—The High Court observed that whether injunction can be granted in absence of relief of declaration, particularly in a suit claiming acquisition of easementary rights by prescription, is a crucial issue that goes to the root of the matter—The existence of the road and its status, whether ancient or constructed recently, is a factual issue to be determined at trial—The impugned appellate order was quashed, and the matter was remanded to the lower Appellate...

Constitution of India, 1950—Article 227—Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Industrial Dispute—Jurisdiction—Petitioners assailed appellate order setting aside Trial Court’s injunction restraining defendant’s industrial activity causing vibration—High Court held that appellate interference in discretionary injunction matters requires clear perversity or arbitrariness—Appellate Court failed to consider Section 9 CPC and did not assign reasons, rendering its order cryptic and unsustainable—Absence of reasons violates principles of natural justice—Impugned order quashed; Appellate Court directed to decide appeal afresh by a speaking order after hearing parties within four weeks. ...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Filing of second application after earlier application rejected on merits—Constructive res judicata—Maintainability—Evidence of completed construction and creation of third-party rights—Prima facie case, balance of convenience, and irreparable injury—Appeal dismissed. Facts: The plaintiff filed a suit for partition of immovable property claiming 1/4th share, alleging that the property purchased by defendant No.4 was acquired using funds from a prior nominal sale executed by the plaintiff’s maternal grandmother—The plaintiff filed two applications (I.A.10 and I.A.11) seeking temporary injunctions restraining defendants 2 and 4 from alienating or constructing on the suit property—The trial court rejec...

Code of Civil Procedure, 1908—Section 151—Temporary Injunction—Inherent Power of Court—Status Quo—Civil Appeal—The appellants filed an appeal against the order of the learned Civil Court rejecting their application under Section 151 CPC (I.A.III) seeking injunction against interference with possession of property—The plaintiff-respondent filed a suit for permanent injunction asserting title under a sale deed executed in his favor, while the appellants claimed independent title under a gift deed and contended that the sale deed was executed under duress and coercion—The Civil Court had rejected the application holding that the relief claimed could only be sought by a plaintiff under Order XXXIX Rules 1(b) and 1(c) CPC—The appellants relied on the Full Bench decision in Shakunthalamma v....

Specific Relief Act, 1963—Section 16—Temporary Injunction—Recall of an order—Special Civil Suit for specific performance of an agreement of sale and obtained a decree—Simultaneously, the first respondent filed a Special Civil Suit for specific performance regarding the same property, and the trial court rejected their temporary injunction application—The first respondent appealed to the High Court—Meanwhile, the appellant filed an application for execution of the decree and sought to recall the order in the first respondent's appeal—The High Court rejected the recall application—The Supreme Court set aside the High Court's order and remanded the matter for further consideration, suggesting that all related actions be clubbed together if appropriate. ...

Civil Procedure Code, 1908—Order XXXIX, Rules 1 & 2—Temporary Injunction—Property Dispute—The plaintiffs/respondents filed suit for partition and permanent injunction restraining the defendants/appellants from alienating or creating third-party interest in the suit property—The property was bequeathed under a registered Will, with the plaintiffs holding vested rights—The learned Civil Court granted interim injunction on prima facie case, balance of convenience, and irreparable loss—Appellants contended that SARFAESI Act bars Civil Court jurisdiction for measures taken as secured creditor—Held: While Civil Court cannot restrain measures under SARFAESI Act, interim injunction regarding property disputes otherwise maintainable—Appellants permitted to initiate or continue SARFAESI meas...

**Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Plaintiff-appellant sought injunction restraining defendants from constructing on suit property—Plaintiff claimed title based on family partition deed of 1988—Defendants claimed title through successive sale deeds and possession of 25 guntas of land—Certified copies of earlier suit O.S.No.4595/2004 and compromise petition revealed that plaintiff’s daughter was allotted the 1-acre property pursuant to compromise decree—Plaintiff had not challenged compromise decree—Civil Court held that plaintiff had parted with possession and failed to establish prima facie case—Appeal dismissed and interim injunction application did not survive. ...

Civil Procedure Code, 1908—Order 39 Rules 1 and 2—Temporary injunction—Partnership firm—Management of firm property—Deposit of rents—Prima facie case, balance of convenience and irreparable loss—Scope of interference under Article 227 of the Constitution of India—Plaintiffs filed suit for permanent injunction against defendants in respect of ‘A’ and ‘B’ schedule properties belonging to partnership firm and sought temporary injunction under Order 39 Rules 1 and 2 CPC—Trial Court granted injunction subject to five conditions directing the first plaintiff to deposit all rent and income derived from lodges and shops into the firm’s loan account with the Karnataka Bank and to maintain proper accounts—Appellate Court confirmed the said order—Held, Tr...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Possession and construction over disputed land—Scope of equitable relief—Plaintiff (Union of India/Defence Ministry) sought injunction restraining interference by defendants with possession over suit schedule properties—Defendant No.5 filed counter application to restrain plaintiff from putting up construction on 4 acres 20 guntas in Sy. No.70, Kavalbyrasandra Village, Bengaluru—Held: From pleadings and joint survey report of 1994, plaintiffs shown to be in possession of 4 acres 20 guntas of land, though their possession over remaining portion (7 acres 7 guntas total) was doubtful—Hence, trial court rightly protected plaintiff’s possession to limited extent but erred in granting injunction for entire land—Wh...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Civil Procedure—Temporary Injunction—Maintenance of Status Quo—Sale and Possession Dispute—Plaintiff filed a suit for declaration, injunction, and other reliefs seeking to restrain defendants from interfering with her possession and enjoyment of two properties (Survey Nos. 55/8 and 55/10) at Haralukunte Village, Bengaluru—The plaintiff also sought ex-parte interim injunctions to prevent alienation and interference with the properties—Defendants filed applications to vacate the ex-parte injunctions and denied the plaintiff’s claims of possession, asserting that one property (Sy. No. 55/8) had been sold to third parties and the other (Sy. No. 55/10) was in possession of a GPA holder—The trial court dismissed the plaintiff’s inj...

A. Civil Procedure Code, 1908—Order 39 Rules 1 and 2—Temporary Injunction—Specific Performance—Agreement of Sale—Possession and Ownership Dispute—Government Land—Prima Facie Case and Balance of Convenience—Where plaintiffs claiming under agreements of sale sought temporary injunctions to restrain the State and revenue authorities from interference and alienation of suit lands, and to protect alleged possession based on unregistered sale agreements, held, no prima facie case established—Plaintiffs admitted title of vendor but failed to establish lawful or actual possession—Source of title of the vendor himself traced to alleged private ownership not proved; records indicated the lands to be Government property—Possession claimed under unregistered agreements could not prevai...

Civil Procedure Code, 1908—Order 39 Rules 1 and 2—Temporary injunction—Status quo order—Dispute regarding identity and possession of property—When not proper—Effect—Plaintiff filed a suit for declaration and permanent injunction based on a Settlement Deed of 1974 claiming ownership and possession of the suit property—The trial court, on the plaintiff’s application for temporary injunction, directed both parties to maintain status quo regarding possession till disposal of the suit—On appeal, the lower appellate court set aside that order holding that the plaintiff failed to establish a prima facie case of possession and that revenue records showed possession with the defendants—It also observed that the identity of the suit property itself was in dispute—Hence the pres...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1, Order 39 Rule 2—Temporary Injunction—Conditional Order—Ambiguity—Balance of Equities—Court’s Discretion—Where the Trial Court, while considering an application for temporary injunction in a suit for declaration, injunction, and other reliefs, found the equities in the matter to be balanced, it granted a conditional temporary injunction directing the parties to cooperate for expeditious disposal of the suit within six months, with the order standing vacated or continuing depending on the parties’ cooperation—The order, though well-intentioned, contained inherent ambiguities and practical difficulties in enforcement, particularly in assigning responsibility for any delay in disposal of the suit—Subsequent interlocutory proceed...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary injunction—Trespass and encroachment—Building setback—Appeal—Plaintiff filed O.S.No.56/2018 seeking permanent injunction restraining defendant from trespassing, interfering with possession, or constructing house without leaving statutory setback—Along with the suit, plaintiff filed I.A.No.1 under Order 39 Rules 1 & 2 CPC for temporary injunction, which was allowed by the trial Court—Defendant filed appeal against temporary injunction, which was allowed by appellate Court without examining merits, relying on precedent that Civil Court cannot entertain claims for violation of building bye-laws—Appellate Court erred in deciding appeal solely on non-maintainability ground without examining prima facie encroachment and interf...

Code of Civil Procedure, 1908—Order 39 Rules 1 and 2—Temporary injunction—Partition suit—Prima facie case—Suppression of material facts—Discretionary relief—Interference in appeal—Plaintiffs filed suit for partition and separate possession of half share in 27 acres 7 guntas of land claimed to be ancestral property—Along with the suit, they sought temporary injunction restraining defendants from alienating or encumbering the suit schedule property—Trial Court initially granted ex parte order, later directed status quo; upon remand from High Court, the trial Court dismissed I.A—for injunction holding plaintiffs failed to prove prima facie possession and had suppressed earlier transactions—Plaintiffs filed appeal—Exercise of power under Order 39 Rules 1 and 2 CPC b...

Civil Procedure Code—Temporary Injunction—Grant of Injunction in Suit for Declaration and Injunction—Counter Claim and Injunction—Appeal Against Rejection of Injunction—Partial Grant of Injunction in Appeal—Property Dispute—Separate Properties Involved—Rights of Parties Restricted to Respective Properties—Petition Partly Allowed—The petitioner filed a suit for declaration and injunction; his application for temporary injunction was rejected, and the defendants’ counter claim for injunction was also initially rejected—On appeal, the appellate Court granted injunction in favor of the defendants with respect to a specified property different from the suit schedule property—The petitioner challenged this order by way of petition—The Court confirmed the appella...

Civil Procedure Code, Order 39 Rules 1 and 2—Temporary Injunction—Partition Suit—Ancestral Property—Sale by Co-owner for Family Necessity—Possession of Co-owner—Injunction against Co-owner not granted—Appeal against grant of injunction—Order of Appellate Court dissolving injunction—No interference warranted—Suit for partition and possession proper remedy—Mutation of revenue records—Possession to be protected—Writ petition dismissed—In a partition suit involving ancestral property, the Trial Court granted temporary injunction restraining defendants from interfering with plaintiffs' possession—The Appellate Court set aside the injunction regarding a particular item sold by one co-owner (defendant No. 1) to defendant No. 2 for family necessity prior...

Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Principles governing grant—Prima facie case, balance of convenience, and irreparable injury—Requirement of objective consideration—Status quo order not justified when plaintiff establishes stronger prima facie case and possession—Held, trial court erred in mechanically directing parties to maintain status quo despite recording prima facie case in plaintiff's favour—Plaintiff's possession established through unchallenged sale deeds from predecessors-in-title, layout formation approval, issuance of khatha, sanctioned plan, and building license—Defendant's claim based on subsequent gift deed unsupported by challenge to earlier transactions—Status quo order resulted in hardship to plaintiff and fa...

Civil Procedure Code, Order XXXIX Rules 1 & 2—Interim Injunction—Temporary injunction applications against alienation and change of nature of agricultural land rejected by Trial Court—Suit claiming title and possession as lineal descendants of original owner—Respondents claim title under registered sale deeds and long possession—Allegations of forged partition and fraudulent documents—Delay in challenging transactions spanning decades—No prima facie case, balance of convenience, or irreparable injury made out by appellants—Trial Court’s discretion exercised on cogent reasons—Appellate Court declines interference—Appeals dismissed. ...

Civil Procedure Code, 1908 (CPC) - Order 39 Rule 1, Order 39 Rule 2—Temporary Injunction—Partition Suit—Challenge to Partition Deed—Prima Facie Case—Suppression of Facts—Conduct of Parties—Emails indicating prior knowledge—No injunction when plaintiff acted upon partition—In a suit for partition and cancellation of a registered partition deed, the plaintiff sought interim injunction restraining alienation of suit property—The Trial Court rejected the application for temporary injunction under Order 39 Rules 1 & 2 CPC—Plaintiff filed appeal—Held, from the undisputed exchange of emails between the plaintiff’s husband and the first defendant, it is evident that a draft partition deed was shared, discussed, and approved by all parties before execution—Plai...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2, and Rule 4—Temporary injunction—Specific performance—Agreement to sell bulk land—Prima facie case and balance of convenience—Plaintiff paid only ₹10 lakhs against first payment of ₹90 lakhs under sale agreement—Trial court erred in granting interim injunction restraining alienation of entire 74,000 sq. ft.—Defendant developer held to be a procurer of land, not owner—Plaintiff failed to show prima facie case or balance of convenience—Injunction modified to cover only extent of land proportionate to ₹75 lakhs allegedly paid by plaintiff ...

CPC, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Location of Anganawadi Centre—Challenge to Government decision—Public interest—Concurrent findings of fact—Writ under Article 227—Dismissed—Petitioners, plaintiffs before the Trial Court, challenged orders of the Courts below rejecting their application for temporary injunction (I.A. No. III) under Order XXXIX Rules 1 and 2 CPC, seeking to restrain authorities from constructing an Anganawadi Kendra at Lakmaenahalli Janatha Colony, contending that Government guidelines mandated its establishment at the site of the Government Lower Primary School in Lakmaenahalli—Held, both Trial Court and Appellate Court found that the two locations were barely 1 km apart, and the site at Janatha Colony had been earmarked for the Kendra be...

CPC, 1908—Section 151, Section 152—Temporary injunction—Clerical error in order—Jurisdictional error—Correction without notice—Status quo directed—Writ Petition allowed—Plaintiffs in a partition suit sought temporary injunction (IA No.18) against defendant No.9 (purchaser of part of suit property) to restrain construction—Trial Court, while finding no prima facie case or balance of convenience, strangely passed an injunction order—not against construction, but against alienation—Later, on IA No.19 filed under Section 151 CPC, the Trial Court directed the police to stop construction, justifying it as a clerical mistake in the earlier order—Held, even if there was a clerical or accidental error, proper procedure under Section 152 CPC required hearing of affected parties...

Civil Procedure Code, Order XXXIX Rules 1 & 2—Temporary injunction—Termination of service by Trust—Public trust vs Private trust—Nature of employment—The plaintiff, employed as a permanent clerk-cum-rent collector by the first defendant trust for over 33 years, challenged his termination without show-cause notice by filing a suit and seeking a temporary injunction to stay the termination order—The trial court dismissed the application, holding the trust to be a private trust and the plaintiff’s employment to be at the pleasure of the employer, thereby not requiring an enquiry before termination—It was also held that personal service could not be enforced by injunction—On appeal, it was held that the trust is a public trust since its beneficiaries include pupils of a community and t...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Arbitration and Conciliation Act, 1996—Section 8—Arbitration Clause—Jurisdiction of Civil Court—Plaintiff filed suit seeking dissolution of LLP, recovery of money, injunction, and rendition of accounts—Defendant objected to civil court’s jurisdiction citing arbitration clause in LLP agreement but failed to file application under Section 8 of the Arbitration and Conciliation Act—Trial court granted temporary injunction—Defendant challenged the order—Mere pleading existence of arbitration clause in written statement or objections is insufficient—Application under Section 8 of the Act must be filed before submitting first statement on the substance of dispute—Non-filing of such applicati...

Jurisdiction—Cause of Action—Section 20 CPC—Affirmative and Negative Covenants—Specific Relief Act, 1963—Temporary Injunction—Held, a court lacking territorial or pecuniary jurisdiction cannot grant interim relief under Order 39 Rules 1 & 2 CPC—Jurisdiction must be based on where the defendant resides, carries on business, or where the cause of action wholly or in part arises, as per Section 20 CPC—Mere presence of plaintiff’s branch office or a meeting between parties at a certain location does not constitute part of the cause of action—Cause of action must arise from material, essential facts related to breach of contract—Further held, where a contract stipulates an affirmative obligation to provide services for a fixed duration, this does not automatically imply a ne...

Civil Procedure Code, 1908 (CPC)—Order 2 Rule 2—Suit for Mandatory Injunction—Maintainability—Agreement of Sale and Power of Attorney—Specific Performance Suit as Effective Remedy—Conduct of Plaintiff—Equitable Relief—Temporary Injunction—The plaintiff filed a suit seeking mandatory injunction restraining the defendants from executing any deeds in favor of third parties in respect of the suit properties during the subsistence of registered agreements of sale, power of attorney (GPA), and joint development agreement—The trial court dismissed the plaintiff’s application for injunction on the ground that the suit was not maintainable as a suit for specific performance was the appropriate remedy and that the plaintiff’s conduct in entering multiple transactions on the bas...

Civil Procedure Code, Order 39 Rules 1 and 2—Temporary Injunction—Granting and Setting Aside—Plaintiff society claimed possession over disputed land originally owned by Patel Nanjundappa, based on agreement of sale (1984), power of attorney (1985), and subsequent declaration cum ratification deed (2000), following Supreme Court quashing acquisition and ordering land restoration to original owners—Defendants claimed ownership and possession through partition among landowners’ descendants and valid sale deeds post-restoration—Trial court granted temporary injunction in favor of plaintiff relying on declaration cum ratification deed and compromise decree, holding plaintiff was in possession and balance of convenience favored plaintiff—On appeal, court examined possession as of suit date, effect of Su...

Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Possession—Title Dispute—Due Process—Discretion of Court—Modification of Injunction Order—Maintainability—Plaintiff sought temporary injunction against the defendant to restrain interference with peaceful possession of suit property, relying on a registered sale deed dated 25.02.1994 and supporting revenue records—Trial Court found plaintiff in possession, held a prima facie case was made out, and granted injunction—Defendant challenged the order, asserting title through prior transactions and a decree in earlier litigation (O.S. No. 3762/1992) involving plaintiff’s husband—Defendant argued that the sale deed in plaintiff's chain of title was unregistered and therefore invalid—...

Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Grant of—Prima Facie Case—Delay—Forgery Allegation—Scope of Interference—Plaintiff sought temporary injunction restraining the defendants from alienating and changing the nature of the suit schedule property, alleging that the property was bequeathed to him by his grandfather and that a sale deed executed in favour of defendant No. 2 during his minority was fraudulent and bore a forged signature—Plaintiff also claimed the sale was made without his knowledge and came to light after 21 years when demolition work began on the property—Defendants contended that the plaintiff was a major at the time of sale (DOB: 05.10.1977) and himself executed the sale deed on 25.05.1996 for repayment of debts incurred for h...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Civil Procedure—Temporary Injunction—Grant of injunction in suit for partition of joint family properties—Defendants claim some properties as self-acquired—Plaintiffs claim joint family properties—Prima facie case and balance of convenience—Order 39 Rules 1 and 2 CPC—Appeal against injunction order dismissed—Writ petition under Article 227—Scope of interference—Plaintiffs filed suit for partition and separate possession of suit schedule properties claimed as joint family properties—Defendants admitted relationship but claimed certain properties as self-acquired by one defendant by gift deed—Trial Court granted temporary injunction restraining defendants from alienating suit properties pending suit disposal&m...

Civil Procedure Code, 1908—Order XXXIX Rules 1 and 2—Temporary Injunction—Dispute over possession of agricultural land—Prima facie case established—Defendant claiming possession beyond documentary title—Trial court’s discretion upheld—In a suit for permanent injunction in respect of 1.47 acres in Sy.No.101/6B, plaintiff claimed to be in possession and alleged that defendant attempted to encroach beyond his 24 cents of land—Defendant claimed possession of 30 cents but failed to produce documents substantiating title or possession for the excess land—Trial court granted temporary injunction in favour of the plaintiff under Order XXXIX Rules 1 and 2 CPC—Defendant appealed, contending the trial court failed to consider balance of convenience and hardship—Plaintiff establi...

Civil Procedure Code, 1908—Order 39, Rules 1 & 2; Section 96; Order 43, Rule 1(r); Section 104(1) & (2); Section 106; Section 141 & 151—Temporary Injunction—Regular Appeal—Miscellaneous Appeal—Maintainability—Where a Regular Appeal under Section 96 of CPC was filed against the dismissal of a suit, and during the pendency of the appeal the appellate court granted temporary injunction under Order 39, Rules 1 & 2, an appeal against such interlocutory order under Order 43, Rule 1(r) before the District Court is maintainable; Section 104(2) does not bar such appeal, as the order was passed in a Regular Appeal and not under Section 104 itself; the appeal is saved under Section 104(1) read with Section 106 CPC; application under Sections 141 & 151 to dismiss the appeal as not maintainable i...

Arbitration and Conciliation Act, 1996—Section 9. Civil Procedure—Temporary injunction—Order XXXIX Rules 1 and 2 CPC—Appeal under Order XLIII Rule 1(r)—Memorandum of Understanding (MoU)—Specific performance—Arbitration proceedings—Parallel remedies—Prima facie case—Balance of convenience. Temporary Injunction—Order 39 Rules 1 and 2 CPC—Appeal under Order 43 Rule 1(r) CPC—Suit for declaration, specific performance and injunction based on Memorandum of Understanding—MoU admittedly cancelled prior to filing of suit—Plaintiff having already invoked arbitration clause and obtained interim status quo order under Section 9 of Arbitration and Conciliation Act—Pendency of arbitration proceedings—Parallel proceedings for same relief impermissible&m...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary injunction—Specific performance of agreement to sell—Plaintiffs filed suit for specific performance of an agreement to sell four sites and sought ex-parte temporary injunction restraining defendants from alienating or encumbering the property—Defendants appealed contending that the injunction was too broad and affected other sites not subject-matter of the suit—Held, the temporary injunction was modified to restrain the defendants only from alienating or encumbering the four specific sites (30 x 40 feet each) formed in ‘A’ schedule property, pending disposal of the suit—Defendants are free to deal with other sites formed in ‘A’ schedule property—Appeal disposed. ...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1, Order 39 Rule 2—Temporary Injunction—Prima Facie Case—Maintainability of Suit—Partition Suit—The appellant–plaintiff challenged the order of the Lower Appellate Court dismissing the application for temporary injunction under Order XXXIX Rules 1 and 2 CPC, seeking to restrain defendant No.8 from changing the nature of the suit property by construction—The plaintiff had earlier filed a suit for partition which was dismissed as not maintainable for partial partition, and the dismissal was confirmed up to the High Court—Thereafter, a fresh suit for partition was instituted—During pendency, the plaint was rejected under Order VII Rule 11 CPC, against which an appeal was filed along with an application for injunction—The Court hel...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Temporary Injunction—Removal of Members from Society—Principles of Natural Justice—Appellate Interference—These appeals were filed challenging the order of the trial Court granting temporary injunction under Order XXXIX Rules 1 and 2 CPC, staying the operation of a resolution passed by the defendant Society removing the plaintiffs from life membership and restraining the defendants from appointing new members in their place—The plaintiffs contended that the impugned resolution was passed without notice, enquiry, or adherence to the bye-laws and statutory provisions, thereby violating principles of natural justice—The defendants justified the resolution on the ground of alleged misappropriation of Society funds by the first plaintiff and resign...

Code of Civil Procedure, 1908—Order 39 Rules 1 & 2—Order 43 Rule 1(r)—Temporary injunction—Partition suit—Scope of appellate interference—Miscellaneous First Appeals were filed by the plaintiff and defendant No.2 challenging the order dismissing applications for temporary injunction in a suit for partition and separate possession of alleged joint family properties—The plaintiff, a grandson of the original propositus, claimed that there was no partition and sought to restrain defendants from alienating, encumbering or altering the nature of the suit schedule properties—The contesting defendants asserted that a notional partition occurred on the death of the propositus in 1968, followed by an oral partition in 1971 and a memorandum/panchayath parikath dated 01-05-1982, and contended that t...

Temporary injunction—Locus standi—Maintainability of suit—University as juristic person—Order XXXIX Rules 1 & 2 CPC—Alliance University Act, 2010, Section 4(6)—Suit seeking declaration and injunctions in respect of administration and management of a University—All reliefs claimed pertain exclusively to the University and Sponsoring Body—Under Section 4(6) of the Alliance University Act, 2010, any suit by or against the University must be instituted through the Registrar—Plaintiff, claiming to be Deputy Registrar/In-charge Registrar, failed to establish valid appointment as Officiating Registrar—Alleged authorisation by Registrar was conditional, requiring permission and approval of the Chancellor, which was not produced—Registrar had no statutory power to delegate autho...

Civil Procedure Code, 1908 (CPC)—Order 29 Rule 1—Temporary injunction—Consideration of maintainability at interim stage—Nature and scope—While the question of maintainability of the suit is ordinarily a preliminary issue to be framed and decided during trial, the Trial Court, even at the stage of considering an application for temporary injunction under Order XXXIX Rules 1 and 2 CPC, is required to examine the issue of maintainability in a prima facie manner—Such consideration is necessary for assessing the existence of a prima facie case—Any observation made on maintainability at the interim stage does not amount to a final or binding judicial determination of rights between the parties, but is only an opinion expressed for the limited purpose of granting or refusing temporary injunction. ...

Code of Civil Procedure, 1908—Order 39, Rules 1 & 2—Temporary Injunction—Partition Suit—Joint Family Property—Self-Acquired Property—Appeal Against Grant of Injunction—Writ Petition under Article 227 of Constitution—Scope of Interference—In a partition suit filed by plaintiffs claiming joint family property, the Trial Court granted temporary injunction—The 2nd defendant, claiming the suit property as self-acquired and purchased under a registered sale deed, challenged the injunction in appeal—The Lower Appellate Court, on re-appreciation of the material, observed that the suit property was not included in earlier suits between the parties and no objection regarding its exclusion was raised by the plaintiffs at that time—The Court held that the Trial Court had erre...

Civil Procedure Code, 1908—Order 39, Rules 1 & 2—Temporary Injunction—Distinct and Separate Properties—Judicial Admission in Pleadings—Grant of temporary injunction under Order 39, Rules 1 & 2 CPC depends on establishing a prima facie case, balance of convenience, and risk of irreparable injury—Where the plaintiff and defendant claim distinct and separately identifiable properties, a court can tentatively grant injunction in favor of the plaintiff to protect peaceful possession, even if disputes over boundaries and titles exist, until final adjudication—Judicial admissions made in pleadings regarding the distinctness of properties are entitled to significant weight and can support tentative relief—Evidence such as sale deeds, partition deeds, tax receipts, and official sketches may b...

Civil Procedure Code, 1908—Order 39, Rules 1 & 2—Temporary Injunction—Joint Development Agreement—Real Estate—In a suit filed for declaration, possession, and injunction regarding a Joint Development Agreement, the plaintiff sought temporary injunction restraining the defendants from alienating or creating any third-party interest in his 41.5% share of the developed property—The defendants contested, claiming delay in suit and issues regarding security deposit—Held: The plaintiff’s entitlement to 41.5% of the built-up area under the registered Joint Development Agreement is undisputed—Whether the project was completed on time is a matter to be adjudicated at trial—The trial Court rightly granted injunction protecting the plaintiff’s share in accordance with the agreemen...

A. Temporary Injunction—Grant of—Principles governing—Prima Facie Case, Balance of Convenience, and Irreparable Injury are the three essential conditions for granting a temporary injunction—Plaintiff must demonstrate a strong legal right to the property and present a "prima facie case" indicating a high probability of success—"Prima facie case" does not necessitate proof of title but rather a bona fide, substantial question for trial—Balance of convenience requires the court to assess which party would suffer more if the injunction is not granted versus if it is granted—"Irreparable injury" means material harm not adequately remedied by monetary compensation; it may include damage to the suit's subject matter—All three conditions must be met for an injunctio...

Civil Procedure—Temporary Injunction—Order 39 Rules 1 & 2 CPC—Joint Development Agreement and General Power of Attorney—Alleged repudiation—Maintainability of suit—Balance of convenience—Prima facie case—Payment of ‘goodwill’ amount—Trial Court discretion—Appeal—Dismissal—Where the plaintiff entered into a registered Joint Development Agreement and General Power of Attorney with the defendants, taking possession of the suit property and carrying out substantial development work, including leveling land, excavating, and other construction-related activities, and the defendants subsequently issued a letter alleging repudiation of the agreement on the ground of non-payment of a ‘goodwill’ amount, the plaintiff approached the court seeking temp...

Civil Procedure Code, 1908 (CPC)—Order 43 Rule l(r). Temporary Injunction—Trademark Infringement—Ex parte Ad Interim Injunction—Plaintiff sought ex parte ad interim injunction restraining defendant from using marks ‘MTC’ and ‘MTC Express’ allegedly infringing plaintiff’s registered trademark ‘MTR’. Trial Court granted temporary injunction despite plaintiff’s failure to comply with provisions of Order 39, Rule 3(a) of Code of Civil Procedure in an earlier application for the same relief. Entertaining a second application without compliance with previous order is impermissible. Appeal against grant of injunction held maintainable. Conduct of plaintiff in bypassing mandatory compliance deprived defendant of an opportunity for early hearing on merits. Ex parte injunction ...

Constitution of India, 1950—Article 133—Temporary Injunction—Granted to restrain the respondents from conducting an executive committee meeting on a specified date and future dates as per a notice—However, the respondents have consented to set aside the impugned order—Therefore, the interim order, which was granted by the Assistant Judge, will remain in effect pending the suit unless it is modified by the trial court. ...

Code of Civil Procedure, 1908—Order 39, Rules 1 & 2—Temporary Injunction—Possession and Prima Facie Case: Plaintiff filed suit in O.S.No.271/2012 for possession of 5 cents in Sy.No.137/2 with house bearing No.7-157, claiming ownership, seeking delivery of possession, mesne profits, and damages—Defendant, in possession of larger schedule ‘A’ property, filed application under Order 39, Rules 1 & 2 CPC for temporary injunction, contending plaintiff’s claim is based on a defective sale deed—Trial Court allowed injunction, holding defendant established prima facie case, balance of convenience, and risk of irreparable loss—Appellate Court confirmed findings—High Court, exercising powers under Article 227, held that temporary injunction is discretionary and predicated on possess...

Copyright Act, 1957—Section 16, Section 17—Temporary injunction—Three appeals have been filed against a High Court of Delhi Division Bench's order in a case involving copyright infringement—The Division Bench upheld the order of the Single Judge in a suit, which disposed of interim applications for temporary injunction and directions related to copyright infringement—In this case, when an author authorizes a film producer or sound recording producer to use a portion of their copyright, the producer gains the right to exhibit the work to the public—The High Court's order negatively impacts the rights of the societies involved but chose not to be a party to the suits—As a result, the appeal has been disposed of. ...

Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Grant of—Trial Court recording categorical finding that plaintiff proved ownership, possession and enjoyment of suit schedule property as on the date of suit and interference by defendants—Judgment of affirmance by First Appellate Court—Defendants having no manner of right, title or interest over suit schedule property—Revenue records standing in name of plaintiff—Until such revenue entries are set aside or cancelled by a competent Court, plaintiff entitled to assert absolute right of ownership, possession and enjoyment—No perversity or illegality in concurrent findings—Appeal dismissed. ...

Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Suit for specific performance—Plaintiffs seeking injunction restraining defendants from alienating or encumbering property—Trial court dismissed I.A.I. on ground that agreement of sale and power of attorney terminated by notice and tenancy dispute pending—Held, trial court erred in not considering substantial part of sale consideration (Rs. 67,50,000/-) paid by plaintiffs—Plaintiffs prima facie entitled to relief—Temporary injunction granted by appellate court. ...

Civil Procedure Code, 1908—Section 151—Temporary injunction—Police protection—Inherent powers of Court—Implementation of injunction orders—The petitioner challenged the order of the Trial Court directing police assistance for implementation of a temporary injunction granted under Order 39 Rules 1 and 2 CPC—The plaintiff, alleging threat to life and property and violation of the injunction by powerful defendants, sought police help under Section 151 CPC—The High Court held that once a court grants an injunction restraining interference with peaceful possession, it possesses inherent power to ensure effective implementation of its order—Though an alternate remedy under Order 39 Rule 2A CPC is available, the same does not bar the exercise of inherent powers where circumstances warrant imm...

Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary injunction—Stone crusher unit—Statutory licences and consents—Non-consideration of material documents—Concurrent findings—Supervisory jurisdiction—Where the Trial Court, while considering an application for temporary injunction, ignores material documents such as renewal of consent granted by the Pollution Control Board and misreads complaints and resolutions pertaining to a different survey number, its discretion is vitiated by material irregularity—When such errors are mechanically affirmed by the Appellate Court without independent examination, the concurrent findings cannot be sustained—At the stage of interim relief, the Court is required to prima facie examine documents and not conduct a mini-trial on their valid...

Civil Procedure Code, Order 39 Rules 1 & 2—Temporary injunction—Possession dispute—Scheduled Castes and Scheduled Tribes land—The petitioner-plaintiff filed a suit seeking permanent injunction, alleging obstruction by defendants in respect of land originally granted to his predecessor under Government proceedings—He also filed an application under Order 39 Rules 1 and 2 CPC for temporary injunction—The trial Court rejected the application, holding that the plaintiff had not established prima facie possession—The appellate Court confirmed the order—The plaintiff contended that possession had been re-delivered to him as per the Assistant Commissioner’s order and produced documents in support—The defendants argued that possession had not been formally handed over and that proced...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Temporary Injunction—Alleged change in nature of property—Plaintiff sought interim restraint against Defendant No.12 from carrying out construction—Defendant contended lawful title through acquisition by State and allotment by KIADB followed by registered sale deed—Trial Court rejected injunction—Appellate Court set aside Trial Court’s order and granted relief—Held, Appellate Court justified in interfering where prima facie title and balance of convenience were not properly considered—No ground made out for interference under writ jurisdiction—Clarification issued that observations made are limited to interlocutory proceedings and shall not affect adjudication of the suit on merits—Writ petition dismissed. ...

Civil Procedure—Temporary Injunction—Writ Petition—Order XXXIX Rules 1 & 2 r/w Section 151 CPC—Concurrent Findings—Documentary Evidence Ignored—Remand—Petitioners-defendants filed writ petitions challenging the orders of the Trial Court and First Appellate Court granting temporary injunction in favor of the plaintiff in a suit for permanent injunction regarding suit schedule property—The plaintiff relied on a registered gift deed and a mutation entry, claiming that the property fell to his father’s share in an oral partition and was gifted to him—The petitioners-defendants produced additional documents, including a panchayath parikat and panchanama, indicating that the property did not fall to the plaintiff’s father and that the defendants were in possession—The H...

Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary injunction—Suit for cancellation of gift deed—Plea of limitation—Concurrent findings—Scope of writ jurisdiction—Plaintiff (father) filed a suit seeking cancellation of a gift deed dated 10.11.2004 executed in favour of the defendant (son) and sought an interim injunction restraining alienation of the suit property—The Trial Court granted temporary injunction to prevent alienation during pendency of the suit, which was confirmed by the First Appellate Court—The defendant approached the High Court under writ jurisdiction contending that the suit itself was barred by limitation, having been filed after 10 years, and therefore no interim relief ought to have been granted—Held, the question of limitation is a mixed quest...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Civil Procedure—Temporary Injunction—Partition Suit—Joint Family Property—Construction by Defendant—Prima Facie Case, Balance of Convenience, Irreparable Injury—Discretionary Relief—Appeal—Dismissal—In a suit for partition and separate possession filed by a plaintiff against the defendant in respect of certain schedule properties, including residential and commercial properties originally belonging to the father of the parties under a registered partition deed, the plaintiff sought a temporary injunction restraining the defendant from carrying out construction on a commercial property during the pendency of the suit—The defendant contended that the property was allotted to him under an oral agreement—The Trial Cou...

A. Trade Marks Act, 1999—Sections 28, 29, 134—Code of Civil Procedure, 1908—Order 39 Rules 1 & 2—Temporary injunction—Infringement—Where plaintiff is registered proprietor of trademark and establishes prior use, prima facie case of infringement is made out—Use of deceptively similar mark by defendant justifies grant of temporary injunction—Balance of convenience and irreparable injury favour protection of registered mark. [Paras 9, 10] B. Trade Marks Act, 1999—Sections 27, 29—Passing off—Deceptive similarity—Test—Deceptive similarity is to be judged from standpoint of average consumer and overall impression—Phonetic, visual and structural similarities between marks sufficient to establish likelihood of confusion—Minor variations such as c...

Code of Civil Procedure, 1908—Order XXXIX Rules 1 & 2—Temporary injunction—Self-acquired property—Joint family plea—Presumption under Section 133, Karnataka Land Revenue Act—Interference under Article 227—Scope—Plaintiff, son of 1st defendant and brother of defendants 2 and 3, filed suit for perpetual injunction contending suit properties were his self-acquisitions purchased under registered sale deed dated 07.06.1990—Trial Court granted temporary injunction restraining defendants from interfering with his possession; order affirmed in appeal—Defendants contended property was joint family property and that in earlier partition suit (O.S. No. 52/2012) injunction sought by them had been refused—Held, registered sale deed and RTC extracts standing in plaintiff’s name...

Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary injunction—Companies Act, 2013—Section 430—Civil court jurisdiction—Directors’ removal—Mismanagement—Defendants challenged the grant of temporary injunction restraining them from interfering with the operations of a company and representing themselves as directors—Plaintiffs, including a company and its promoters, alleged that defendants mismanaged a restaurant and acted against the company’s interests—An extra general body meeting was convened, and defendants were removed as directors—Defendants argued that the civil court lacked jurisdiction under Section 430 Companies Act, 2013—The Court held that Section 430 does not bar civil courts from granting injunctions preventing interference with ...

Civil Procedure Code, 1908—Order XXXIX Rules 1 & 2—Temporary Injunction—Prima Facie Possession—Concurrent Findings—Writ Jurisdiction under Articles 226 & 227—The petitioner–plaintiff filed a suit for declaration of title and permanent injunction in respect of land measuring 2 acres 3 guntas in Sy. No. 6/5 (earlier Sy. No. 6/2), claiming title under a settlement deed executed by his sister—He sought temporary injunction alleging interference by the defendant—The defendant contended that he had entered into an agreement of sale prior to the plaintiff’s claim, obtained a decree for specific performance in OS No. 1668/2007, and secured execution of sale deed in Ex. Case No. 111/2008 for 1 acre 4 guntas, and was in possession thereof—The Trial Court rejected the applicat...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Temporary Injunction—Writ Petition—Petitioner-tenant of tea shop in Panchayat commercial building claimed right to occupy shop No. 1 following reconstruction of old dilapidated building—Plaintiff alleged illegal dispossession and sought injunction restraining Panchayat from interfering with possession—Trial Court and Lower Appellate Court dismissed injunction application and appeal, holding petitioner had not participated in public auction conducted by Panchayat on 19.08.2013—Petitioner relied on communication promising preference to prior occupiers and alleged payment of Rs. 57,065/-—Court held no material evidence was produced showing allotment or lawful possession of shop—Forcible occupation does not confer right to equitable relief&m...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Temporary Injunction—Possession Dispute—Will—Prima Facie Case—Order 39 Rules 1 & 2 CPC—Petitioners-defendants challenged orders of the Trial Court and Lower Appellate Court granting temporary injunction in favour of plaintiffs under Order 39 Rules 1 and 2 CPC—The suit concerned possession of properties originally owned by Shri Thimmanagouda and subsequently by his widow Smt. Parvathamma—Plaintiffs, nephews of Smt. Parvathamma, claimed she executed a "Will" in their favour on 13.08.2009 and sought perpetual injunction against defendants for interference with property—Defendants contended that the "Will" was disputed and they, as successors, were entitled to possession—Courts below, however, found that d...

Criminal Procedure Code, 1973 (CrPC)—Section 125—Family Courts Act, 1984—Section 19—Appeals—Interlocutory Orders—Temporary Injunction—Under Section 19(1) of the Family Courts Act, 1984, an appeal lies to the High Court against any judgment or order of a Family Court, not being an interlocutory order, on both facts and law, to be heard by a Bench of two or more judges as per sub-section (6)—An application under Order XXXIX Rules 1 and 2, CPC seeking a temporary injunction to prevent removal of custody of a minor falls within interlocutory orders—Sub-section (5) of Section 19 bars any appeal or revision against such orders—Consequently, an appeal filed under Order XLIII Rule 1(r), CPC challenging the rejection of such injunction cannot be entertained in view of the Family Courts Ac...

Civil Procedure Code—Temporary Injunction—Permanent Injunction Suit—Vacant Site—Prima Facie Case—Counter-Claim—Order 39 Rules 1, 2 & 4 CPC—Order 8 Rule 6A CPC—Plaintiff filed suit for permanent injunction over vacant site No. 21, claiming possession under a registered sale deed—Defendants denied plaintiff’s title and possession—Defendant No. 1 filed application under Order 39 Rules 1 & 2 CPC seeking temporary injunction, effectively to vacate ex parte injunction granted to plaintiff—Held: where title is specifically denied, prima facie case for injunction is weak; trial court correctly examined title deeds, boundaries, and rival contentions—Defendant’s application treated as seeking vacation of ex parte injunction under Order 39 Rule 4 CPC; counter...

Designs Act, 2000—Sections 2(d), 19 & 22—Design Infringement—Novelty and Originality—Trade Variant—Temporary Injunction—Appellate Interference—Plaintiff, a manufacturer of refrigerators, obtained design registration for “refrigerator with bottom drawer” and sued defendant for infringement—Trial Court granted ex parte temporary injunction restraining defendant from manufacturing and selling similar products—On appeal, defendant contended that bottom drawer concept existed since 1930 and lacked novelty and originality—Held, protection under Designs Act extends only to new and original designs involving exercise of intellectual activity—Mere trade variants or application of known concepts do not constitute novelty—Material on record indicated existence of...

Civil Procedure Code, 1908—Order 39, Rules 1 & 2—Temporary injunction—Elections—Balance of convenience and irreparable harm—The appellant sought a temporary injunction to restrain the newly elected members of a Sangha from functioning, alleging irregularities in the election—The Trial Court dismissed the application, holding that restraining the members would impede day-to-day management, including running of a hostel—On appeal, it was contended that the Court failed to consider balance of convenience and irreparable harm despite finding a prima facie case—The High Court observed that the Trial Court had indirectly considered these factors and that allegations of irregularities must be proved at trial—Preventing the elected members from performing duties would create a management v...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Civil Procedure—Temporary Injunction—Letters of Credit—Fraud—Order 39 Rules 1 & 2 CPC—Appeal under Order 43 Rule 1(r): The plaintiff sought an injunction restraining encashment of 21 irrevocable Letters of Credit issued by a bank in favour of the supplier, alleging that 30% of the pepper supplied was substandard and that fraud had been played—The Trial Court dismissed the application holding that no prima facie case was made out—On appeal, the Court held that Letters of Credit are independent contracts governed by UCP norms and ordinarily cannot be injuncted except in cases of egregious fraud or irretrievable injustice—Mere disputes regarding quality of goods do not constitute fraud vitiating the Letters of Credit—As the ...

Temporary injunction—Land dispute case, the petitioner, a defendant, challenges—temporary injunction granted to the plaintiff—The dispute involves agricultural land, with the petitioner claiming ownership through a sale deed in 1999 and an agreement for sale in 2001—The plaintiff asserts possession based on an unregistered Will from 2001—Legal issues include the validity of the Will and the delay in filing a suit for cancellation of the 1999 sale deed—The court orders a remand to address unresolved issues, including conflicting dates in documents and the status of entries in the revenue record—Both parties must maintain status quo until the trial court reaches a final decision. ...

Civil Procedure Code, 1908 (CPC)—Order 20 Rule 12,—Constitution of India, 1950—Article 136—Temporary injunction—Ingredients—Appears to be a legal case or judgment, likely related to a property dispute—It outlines the background of the case, the parties involved, and the reliefs sought by the plaintiffs—The central issue seems to revolve around the adoption of a person named Nirmala, her inheritance rights, and the partition of properties among the family members—The document also discusses the legal arguments presented by both sides, including issues related to adoption, joint family properties, and the validity of the suit—Additionally, it mentions orders of temporary injunctions and modifications issued by the court, along with the appeals made by the defendants—Towards t...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1, Order 39 Rule 2—Temporary injunction—Grant of—M.P. Housing Board, issued an advertisement for a commercial complex—The respondent applied for a showroom based on the advertisement indicating a cost of Rs. 39 lakhs—The appellant later demanded Rs. 71 lakhs, leading to the cancellation of the registration—The trial court restrained the appellant from allotting the showroom to others and allowed the board to call for Rs. 39 lakhs in installments—The High Court upheld this decision—The Supreme Court, while acknowledging the reluctance to interfere in interim orders, emphasized the importance of cost in self-financing schemes—It remitted the matter to the trial court, highlighting the need to consider factors like inflation and constru...

Constitution of India, 1950—Article 136—Civil Procedure Code, 1908 (CPC)—Order 39, Rules 1 and 2—Restitution—Stay of—Temporary injunction—Owner of a coconut garden, filed a suit for permanent injunction against the respondent-tenant, seeking to restrain interference with possession—The appellant had initially succeeded in eviction proceedings but lost on appeal, leading to an order for restitution—The appellant, dissatisfied, invoked the High Court's writ jurisdiction, which was unsuccessful—Subsequently, the appellant filed a civil suit for injunction—The High Court allowed the respondent's appeal, holding the suit not maintainable before a civil court under Section 18 of the Andhra Pradesh Tenancy Act—The Court found the suit to be an attempt to circumvent t...

Civil Procedure Code, 1908—Order 39 Rule 1, Order 39 Rule 2—Temporary injunction—Iunction restraining alienation and construction on a property, the Supreme Court held that unless a party establishes a case of irreparable loss or damage, the court should not permit a change in the nature of the property—The respondent sought permission to construct on the property during the pendency of a possession suit—The trial court granted an interim injunction against alienation and construction, but the appellate court and High Court allowed the respondent's appeal based on an oral undertaking by the defendant—The Supreme Court found that no case of irreparable loss was made, and the lower courts erred in permitting construction and alienation—The orders were set aside, and the trial court's order w...

A. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Scope of Appellate Review—The grant or refusal of a temporary injunction is a discretionary power vested in the trial court—Appellate courts should not substitute their own discretion unless the trial court’s order is found to be arbitrary, perverse, capricious, unconscionable, or against settled legal principles. (Paras 12, 14, 15, 17, 18, 29) B. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Grant of Injunction—Conditions to be Satisfied—The party seeking interim relief must establish (i) a prima facie case, (ii) balance of convenience in its favour, and (iii) likelihood of irreparable harm—All three requirements must ordinarily co-exist for the grant of injunction—The power is discr...

Civil Procedure Code, 1908 (CPC)—Order 39, Rule 1—Temporary injunction—Debt Recovery Tribunal's Powers under RDBFI Act—Order 39, Rule 1 CPC Comparison: The Debt Recovery Tribunal (DRT), exercising powers under Section 22(1) of the Recovery of Debts and Bankruptcy Act, 1993, possesses broader authority than specified in the Civil Procedure Code—While Section 19(6) of RDBFI Act outlines specific powers, Section 22(2) clarifies that for certain applications, the Tribunal's authority aligns with a Civil Court—Notably, the Tribunal is not bound by CPC procedures but must adhere to natural justice principles—This enables the DRT to issue various injunctions and stay orders, either after due notice and hearing, or through ad-interim orders followed by subsequent hearings—The expansive scope...

A. Civil Procedure Code, 1908—Section 151—Inherent Powers—Order 39 Rule 1—Temporary Injunctions—Order 43 Rule 1(r)—Appeals from Orders—Nature of Relief—An order directing a party to remove earth obstructing a drain, though purportedly passed under Section 151 CPC, is in substance an order of temporary injunction under Order 39 Rule 1 CPC—The true nature of an application or order is determined by its substance and relief sought, not by the title or procedural provision cited—Therefore, such an order is appealable under Order 43 Rule 1(r) CPC. [Paras 5, 7] B. Civil Procedure Code, 1908—Revision—Appealability—Improper Grounds—Where a revisional court sets aside an injunction order on grounds such as the defendant not having paid court fees or not hav...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 2A, Order 39 Rule 3—Temporary injunction—Allegations of unfair trade practices related to an advertised toothpaste product, the court found that the essential elements of unfair trade practices were missing—The specific claim focused on the company's assertions regarding germ fighting and tooth decay, without sufficient evidence to establish unfair trade practices related to the term "Suraksha Chakra" used in the advertisement—Consequently, the court held that no injunction could be issued against the use of "Suraksha Chakra" in the advertisement—Regarding the considerations for granting a temporary injunction under Order 39, Rule 1 of the Civil Procedure Code, the court outlined several factors—These include the extent of dama...

A. Civil Procedure Code, 1908—Order 39 Rule 2A—Violation of Injunction—Enforceability of Injunction Orders—A party cannot be held liable for contempt or violation under Order 39 Rule 2A CPC unless the injunction order is specific, clear, and comprehensible—An ambiguous or vague directive, such as an order to merely "maintain status quo" without identifying the precise factual or legal status to be preserved, is not enforceable—Courts must ensure clarity in their interim orders to enable compliance. (Para 3) B. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunctions—Scope and Limitation—The power to grant a temporary injunction exists only in support of a substantive prayer for a permanent injunction in the plaint—If the plaint lacks such ...

A. Code of Civil Procedure, 1908—Order XXXIX Rules 1, 2—Temporary injunction—Lawful possession—No injunction can be granted against a lawful owner in possession of property—Where appellant obtained possession pursuant to compromise decree and was put in possession through Panchnama prior to grant of injunction, injunction against him unsustainable—High Court erred in restraining lawful possession. [Para 5] B. Transfer of Property Act, 1882—Section 52—Lis pendens—Purchaser pendente lite—Rights—Purchaser acquiring property during pendency of partition suit is bound by outcome of proceedings—Such purchaser cannot claim rights contrary to decree passed in suit—Remedy lies against vendor and not against decree-holder in possession. [Paras 5, 7] C. Cod...

A. Hindu Law—Joint Hindu Family—Manager (Karta)—Power of alienation—Manager of Joint Hindu Family is competent to alienate joint family property for legal necessity or benefit of estate—Such alienation binds shares of all coparceners—Sale by manager is not void but voidable at instance of other coparceners—Alienee entitled to retain possession unless alienation is set aside in appropriate proceedings. [Paras 9, 12] B. Transfer of Property Act, 1882—Section 53-A—Part performance—Scope—Protection under Section 53-A not available against non-alienating coparceners—Alienee from coparcener or under agreement of sale cannot claim injunction against other coparceners—However, distinction exists where alienation is by Manager of joint family of entire property.&...

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A. Karnataka Land Reforms Act, 1961—Sections 113(2), 113(3), 118(1A), 119(2); Code of Civil Procedure, 1908—Section 107, Order 41 Rule 33—Appellate Authority—Powers—Appellate Authority under the Act is vested with powers of an appellate court under CPC, except to the extent expressly excluded—Such powers include passing interlocutory orders—Authority has wide jurisdiction to decide appeals finally and exercise all incidental powers necessary for effective adjudication. [Paras 6, 9] B. Code of Civil Procedure, 1908—Order 39 Rules 1 & 2; Karnataka Land Reforms Act, 1961—Section 113—Temporary injunction—Appellate Authority has power to grant temporary injunctions in appeal proceedings—Rejection of injunction application on ground of lack of express provision ...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Temporary injunctions even in cases not covered by Order XXXIX, CPC—The inherent power of the court is not curtailed by Section 94, and it remains a vital tool for ensuring justice where procedural rules may not explicitly apply—However, Section 10 mandates that if a subsequent suit is filed, the court is prohibited from proceeding with it if similar relief is already sought in a previously instituted suit—Recourse to inherent powers under Section 151 to stay or restrain proceedings in such cases is not justified, especially when specific provisions, like Section 10, exist—The legislature has contemplated contingencies of multiple suits and provided mechanisms like suit transfer under Section 22, thereby limiting the necessity for invoking inherent powers...