India - Kerala
of a partition deed in determining rights. ... in a partition suit, emphasizing the significance of balance of convenience, the irreparable harm test, and addressing the existence ... Injunction - Partition Suit - Act Section List - This judgment addressed the prerequisites for granting an interim injunction ... Appellants are the pla....
India - Madras
Fact of the Case: The plaintiff filed a civil suit for a preliminary decree of partition of 1/4th share in the suit schedule ... 1/4th share of the plaintiff in the suit schedule property and permanent injunction restraining the defendants from alienating ... has been filed for preliminary decree of partition of p class="para" left_margin="92.8346" p....
Fact of the Case: The appeal challenges a temporary injunction order in a partition suit, where the respondent sought ... Injunction - Partition Suit - N/A - The court reviewed the principles for granting temporary injunctions and determined that the ... Issues: Whether the lower court properly applied the principles governing the granting of a temporary in....
in a partition suit, determining that the plaintiff failed to provide satisfactory evidence of possession or title, and found no ... Fact of the Case: The plaintiff applied for a temporary injunction to prevent dispossession from property in a partition ... suit. ... The suit is one for partition. ... relief sought for in#....
Issues: Whether the existing injunction from a partition suit prevents the registration of a sale deed between the plaintiff ... Injunction - Writ Petition - Act Section List - The court examined the valid scope of an injunction in the context of property ... Fact of the Case: The petition concerned the refusal to register a sale deed due to an injunction from a prev....
Injunction - Partition - Code of Civil Procedure - Order XXXIX, Rules 1, 2, 4 - The court confirmed the non-preclusion of rent ... Fact of the Case: The respondents filed for partition and sought a temporary injunction against the first defendant ... Final Decision: Writ Petition allowed in part; conflicting rent payment directive deleted. “So the 13th defendant in the suit#....
Partition - Interim Injunction - Order XXXIX Rule 1 CPC Fact of the Case: The suit is one for partition. ... Ratio Decidendi: In a partition suit, the subject matter of the suit has to be preserved till the disposal of the suit. ... The only prayer sought in the interim injunction application was ....
India - Delhi
partition suits. ... which she claims a share - Court grants interim injunction maintaining status quo on property pending further proceedings. ... an indigent person granted based on plaintiff's status as a destitute widow - The court recognizes the need for equitable relief in ... The Plaintiff-Abha Jain has filed the present suit for partition and rendition of accounts against the Defendant- Shali Jain....
Fact of the Case: The petition challenges an interim injunction in a partition suit, preventing alienation of certain ... Issues: Whether an interim injunction to prevent alienation in a partition suit is valid without the necessary title documents ... Injunction - Partition Suit - Transfer of Pr....
India - Calcutta
for declaration, permanent injunction, and alternative partition. ... Finding of the Court: The court found that the appellant failed to establish his right, title, and interest in the ... appeal against the judgment of the first appellate court, which affirmed the judgment of the trial court dismissing the appellant's suit
of property under a partition deed, leading to the conclusion that identity was not established, resulting in dismissal of the appeal ... Injunction - Property Rights - Partition Deed - Sections of Property Law - The court analyzed the validity and identification ... Fact of the Case: The plaintiff, claiming title to property as per a partition deed, filed for injunction against the ......
India - Bombay
INJUNCTION - PARTITION SUIT - [The court granted an injunction restraining the defendants from alienating, encumbering, and parting ... Fact of the Case: The plaintiff and defendants were involved in a partition suit over two flats. ... of the plaintiff, to protect the plaintiff's interest in the event of a decree for partition.] ......
India - Rajasthan
for declaration, partition and injunction — Suit dismissed in absence of plaintiff and non-prosecution — Order-sheet is silent about ... — Courts below committed illegality in dismissing the suit —Matter remanded. ... rks vknsk 9 ds fu;e 3 ds izko/kku ykxw gksaxs & okn [kkfjt djus esa fuEu U;k;ky;ksa us voS/kkfudrk dh & ekeyk izfrizsf"kr fd;kA ¼in ... my opinion, though....
Injunction - Partition Suit - Relevant Sections - The court addressed the interim injunction application related to a partition ... Fact of the Case: The petitioner challenged the dismissal of an interim injunction in a partition suit after an ex ... Issues: The primary issue was whether to maintain the interim injunction....
Fact of the Case: The petitioners, defendants in a partition suit, challenged an injunction order claiming that a previous ... from a previous partition suit. ... Injunction - Partition Suit - CPC Order II Rule 2 - res judicata - The court analyzed provisions related to res judicata and Order ... The petitioners, who are defendants ....
India - Karnataka
the properties in a partition suit, considering the long time lapse since the partition and the doubtful bona fides in seeking re-partition ... Temporary Injunction - Partition Suit - Court declined to grant temporary injunction to restrain defendants from alienating properties ... Fact of the Case: The plaintiff f....
India - Patna
Injunction - Partition Suit - The court refused to interfere with the appellate court's decision to allow injunction in a partition ... Ratio Decidendi: The court emphasized the need for cogent reasons in deciding the issue of injunction in a partition suit ... Fact of the Case: The trial court r....
The previous partition suit and the current injunction suit were not identical in their subject matter, thus Section 10 of the Code ... already under litigation in a previous partition suit related to the same property. ... Issues: Whether the pendency of a previous partition suit barred the subsequent inj....
Injunction - Partition Suit - Order of Temporary Injunction, Removal of Trees - The court analyzed the implications of the temporary ... Issues: Whether the petitioner had the right to remove timber logs after the issuance of a temporary injunction in a partition ... Fact of the Case: The petitioner, a defendant in a partition #HL....
Issues: Whether the petitioner should be impleaded in the partition suit given his pre-existing claim in an injunction case ... the partition suit since he already had protections through a separate injunction suit. ... Joining him to the partition suit was unnecessary as any judgment would not bin....
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