plaintiff is entitled to seek a declaration and in consequence of the declaration for an injunction restraining the defendant corporation from interfering with the plaintiff ... Corporation Act, 36/50 are not applicable to a suit for declaration and injunction and reliance was placed upon a decision prior to the decision
plaintiffs to help others and therefore, they are seeking reliefs of
declaration and injunction.
First defendant filed written statement and it was adopted by
second ... holding
that the plaintiffs are not entitled for the relief of declaration and
injunction and that the sale deed in favour of plaintiffs marked
necessarily the plaintiff will
have to file a suit for declaration, possession and injunction.
We may, however, clarify that a prayer for declaration will ... with permission of the court to
file a comprehensive suit for declaration and injunction. He may file the suit
for declaration with consequential relief, even
jurisdiction of the competent Civil Court for private law remedies of declaration, injunction and damages to suit its grievance. It is well settled that private ... remedies like declaration, injunction and damages are available against public authorities also if they interfere with a person's property without authority
injunction?
3. Sri Ram Prasad, learned Counsel representing the appellant would submit that a suit for mere injunction without praying for declaration of title ... entitled for permanent injunction as prayed for?
2. To what relief?
ADDITIONAL ISSUE:
Whether the suit for bare injunction without declaration of title is maintainable
jurisdiction of the competent civil Court for private law remedies of declaration, injunction and damages to suit its grievance. It is well settled that private ... remedies like declaration, injunction and damages are available against public authorities also if they interfere with a person's property without authority
learned Subordinate Judge held that a suit for declaration with an ancillary relief for injunction was maintainable in the circumstances of this case ... Somasundaram that the suit in any event for a declaration and injunction in terms prayed for is incompetent. It is argued that a pledgor
lower appellate Court held that the plaintiffs suit for mere injunction without seeking declaration of title is not maintainable that it was the defendant ... erred in holding that the plaintiffs' suit for mere injunction without seeking declaration of title is not maintainable;
(ii) The plaintiffs' vendor Rukmini
plaint and they had sought only injunction
simplicitor; that without seeking relief for declaration that the
petitioners are absolute owners and possessors of the suit ... defendant was sham and nominal and prays
for a declaration to that effect and an injunction
restraining the defendant from interfering with the
plaintiff
plaintiff cannot maintain a suit for a bare injunction without a prayer for declaration of his title to the suit land. Aggrieved thereby, the petitioner ... Court's view that a suit for bare injunction without a prayer for declaration of title is not maintainable. The lower Appellate Court however
