Back
J. J. MUNIR
Abdul Shakoor – Appellant
Versus
Khursheed Khan – Respondent
JUDGMENT :
J.J. Munir, J.
1. This is a plaintiff's appeal arising out of an appellate decree passed in proceedings under Section 144 of the Code of Civil Procedure Code, 1908 (for short, 'the Code').
2. The plaintiff, Abdul Shakoor, instituted Original Suit No.275 of 1988 before the Court of Munsif, Sambhal (now Civil Judge (Jr. Div.), Sambhal), praying that a permanent injunction be granted against the defendant, Khursheed Khan, restraining him from interfering with the plaintiff raising construction over the suit property, himself taking possession of it or raising construction thereon or interfering in any manner with the plaintiff's possession therein.
3. It is pleaded by the plaintiff-appellant (for short, 'the plaintiff') that he is the owner in possession of a plot of land, bearing Khasra No.109/3, admeasuring 14 decimal, situate in Village Jalal Khan, acquiring his title through a sale deed dated 29.05.1985 executed by its former owner, Gayasuddin in the plaintiff's favour. The plaintiff's further case is that some 200 eucalyptus trees are standing on the suit property. The plaintiff sought permission of the Municipal Board, Sambhal to raise constructions on the said property,
The court emphasized that interim mandatory injunctions should not create a new state of affairs that did not exist at the time of the suit, and the plaintiff's actions constituted a serious abuse of....
The main legal point established in the judgment is the interpretation of Section 144 of the Code of Civil Procedure and the jurisdiction of the First Appellate Court to consider a restitution applic....
The decree remains valid despite the death of a party if not communicated, and execution petitions for restitution are maintainable under Section 144 of CPC.
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
The executor of a will can be treated as a legal representative for substitutive actions in civil suits without requiring probate, ensuring continuity of legal proceedings.
The court established that inherent powers under Section 151 of the CPC can be exercised to restore possession when parties have been wrongfully dispossessed, irrespective of the formal dismissal of ....
The main legal point established in the judgment is that the lack of provision for restoration of an application under Order 9 Rule 13 of the CPC can be overcome by treating the application as one un....
Restitution of a judgment debtor – Execution of a decree by sale of entire immovable property of judgment debtor is not to penalise him but same is provided to grant relief to decree holder and to co....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
