AI Overview...
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Injunction to Obstructed Common Passage - Courts have consistently upheld injunctions restraining parties from obstructing or encroaching upon common passages, emphasizing the importance of access rights and property use Mir Mohammed All Khan and another Vs Haya Ahmed Lahmadi and 11 others - Telangana, Dilip Kumar Sutaria and Others VS M. Karthik and Others - Madras, Sumitra Devi VS Hoshiar Chand - Himachal Pradesh, Karampudi Venkateswarlu (died) by LRs. VS Gadde Lakshmaiah (died) by LRs. - Andhra Pradesh.
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Encroachment and Obstruction Cases - Several cases involved construction or barriers (e.g., tin-sheds, walls) that obstructed the common passage, leading courts to grant mandatory or permanent injunctions for removal and ensuring unobstructed passage FAQIR CHAND VS LILA RAM - Delhi, Sumitra Devi VS Hoshiar Chand - Himachal Pradesh, Shri Nand Lal VS Mst. Chhottee - Punjab and Haryana.
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Interim Reliefs and Rights of Use - Courts have granted interim injunctions allowing parties to use the common passage during pendency and have directed removal of obstructions to protect rights of passage Dilip Kumar Sutaria and Others VS M. Karthik and Others - Madras, FAQIR CHAND VS LILA RAM - Delhi.
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Legal Principles - The courts balance rights of co-owners, tenants, and other users, often relying on documentary evidence and the existence of a recognized common passage to justify injunctions S. MADAIAH VS SIDDANAIKA - Karnataka, Sachindra Nath Sarkae VS Binapani Basu - Calcutta, ASHOK CHOPRA VS ROHIT AGGARWAL - Delhi.
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Key Insights - The consistent theme across cases is that obstructing a common passage without lawful justification is subject to injunctions, and courts prioritize ensuring unobstructed access, declaring rights of passage where established Mir Mohammed All Khan and another Vs Haya Ahmed Lahmadi and 11 others - Telangana, Shri Nand Lal VS Mst. Chhottee - Punjab and Haryana.
Analysis and Conclusion:
Courts have upheld both permanent and mandatory injunctions to remove obstructions from common passages, emphasizing the legal right of all users to unobstructed access. Evidence of existence and continuous use of such passages is critical, and courts tend to favor injunctions to prevent encroachments and preserve access rights. This jurisprudence underscores the importance of maintaining clear, unobstructed common passages in property disputes.
Search Results for "Injunction to Obstruction in Common Passage"
2023 Supreme(Online)(TEL) 16056 • India - High Court for State of Telangana
P. NAVEEN RAO, J
Issues: Whether the 1st respondent was entitled to an injunction restraining the petitioners from obstructing the common passage ... However, it included common passage, i.e., plaint schedule C' property. ... Final Decision: The Court dismissed the Civil Revision Petition and upheld the injunction granted by the lower courts.
1993 0 Supreme(Del) 372 • India - Delhi
P.K.BAHRI
Whether the respondent had encroached upon the common passage by constructing a tin-shed and covering a portion of the passage? ... The respondent had constructed a tin-shed in the common passage and covered a portion of the passage, which obstructed the appellant's ... The appellant claimed that the respondent had encroached upon a courtyard and a common passage by constructing a tin-shed and covering ... relief of mandatory injunction#HL_....
2000 0 Supreme(Mad) 412 • India - Madras
M.KARPAGAVINAYAGAM
They also sought interim reliefs to use the common passage and remove the obstruction. ... The court granted interim injunction and mandatory injunction to remove the obstruction and allow the applicants to use the common ... or obstruction in the common passage and directed the respondents to remove the wall and other obstacles. ... Pending suit, they seek interim reliefs for exercising their right of using the #H....
2000 0 Supreme(Del) 765 • India - Delhi
B.A.KHAN
passage, seeking perpetual injunction and ad-interim relief. ... Fact of the Case: The landlady filed a suit against her tenants for creating obstruction and nuisance in the common ... Common Passage - Landlord-Tenant Dispute - The court balanced the rights of the landlord and tenants by allowing the tenants to ... Respondents had started creating obstruction and nuisance in the passage in November, 1996 for which he filed a suit for perpetual #HL_....
2019 0 Supreme(HP) 998 • India - Himachal Pradesh
CHANDER BHUSAN BAROWALIA
Issues: The issues revolved around the obstruction of a common passage, the grant of mandatory injunction, and the existence ... that the petitioner unlawfully blocked a common passage by constructing a wall. ... The trial court granted mandatory injunction in favor of the respondents, which was affirmed on appeal. ... It has been submitted that both the Courts below, on appreciation of oral as well as documentary evidence, have restrained the present petitioner from....
1983 0 Supreme(P&H) 309 • India - Punjab and Haryana
P.C.JAIN
AND MANDATORY INJUNCTION TO REMOVE OBSTRUCTION. ... passage leading to the village pond and for mandatory injunction to remove the obstruction caused by the defendant by raising a ... Fact of the Case: Plaintiff filed a suit against the defendant for declaration of right of passage through a common ... On these allegations, a decree for declaration that the plaintiff has a right of passage through the part of the street was sought. A decree for man....
1995 0 Supreme(Kar) 416 • India - Karnataka
H.N.TILHARI
Fact of the Case: The plaintiff sought a decree for declaration of a common passage and permanent injunction against ... The lower appellate court found that the plaintiff failed to prove the existence and use of the common passage, and also noted the ... Issues: The main issues were the existence and use of the common passage, the defendant's alleged encroachment, and the maintainability ... The learned counsel for the appellant further submitted that a declaratio....
2006 0 Supreme(AP) 987 • India - Andhra Pradesh
L.NARASIMHA REDDY
and their men from causing obstruction to use the common passage, marked as ABCD in the plaint schedule, for reaching their house ... It was pleaded that the common passage is provided under a document for the common benefit of all the persons mentioned therein, ... passage. ... No.479 of 2004, for the relief of perpetual injunction, restraining the appellants and their men, from causing obstruction to use the common#HL_EN....
1975 0 Supreme(Cal) 32 • India - Calcutta
S.K.Datta
Obstruction of light and air, as contended, did not appear to interfere with the accustomed user or enjoyment of the common passage ... INJUNCTION - CO-OWNERSHIP - COMMON PASSAGE - ENCROACHMENT - RIGHT TO INJUNCTION - DISCRETION OF COURT - BALANCE OF CONVENIENCE ... The plaintiffs filed a suit for permanent injunction to restrain the defendants from making any construction over the common passage ... Obst....
2002 0 Supreme(Del) 1433 • India - Delhi
B.N.CHATURVEDI
Civil Procedure Code, 1908 - Order 39 Rule 1, 2 — Permanent and mandatory injunction — Common user of ten feet wide passage on either ... passage leading to the rear portion — Application allowed — Transfer of Property Act, 1882, Sections 8, 54. ... passage on the eastern side of the property running from front gate on southern side to the rear gate opening in the service lane ... No. 1230/97 filed by Shri Sukhbir singh Jain, an occupant of ground floor of property No. 7/3 that an ex parte ad interim #H....
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