injunction and consequential relief of
mandatory injunction?
9
8. As could be seen from the records, the plaintiff
has filed the suit for declaration, injunction ... SECTION 34 -Declaration
of status or right -Discretion of Court-Held, In a suit for
declaration of ownership and permanent injunction, the
plaintiff
injunction which is
a consequence of declaration or where without
declaration of right or status the injunction cannot be
granted, Section 7(iv)(c) would ... other
for preventive injunction. The relief of injunction in fact
was not consequential to the relief of declaration because
even without claiming the declaration relief
declaration and obtained valuation certificate and to convert suit
for injunction into declaration of title and other consequential
reliefs.
It is specifically contended that ... claimed perpetual injunction, but, by proposed amendment,
the petitioner/plaintiff intended to convert the suit for perpetual
injunction into a suit for declaration after
Shankar
against the defendants praying for decree of possession, permanent
injunction, declaration and mesne profits in respect of property No. A
349/609, situated ... been
filed by the plaintiff Sh. Uma Shankar for possession, injunction,
declaration and mesne profits against defendants claiming that on
09.07.2008, the bayana agreement
declaration
simpliciter: it is a suit for declaration with
further relief. Whether the further relief claimed
in a particular case as consequential upon a
declaration ... does not
empower the court to dismiss a suit for a
declaration and injunction and that an
injunction is a further relief within the meaning
necessarily the
plaintiff will have to file a suit for declaration,
possession and injunction.
23. The learned Counsel submits that the defendants
have filed their ... 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
Section 6 of the Specific Relief Act but also of
permanent injunction and declaration coupled with cancellation of
documents, how was the Revision Petition maintainable ... Specific Relief Act, could
have claimed the other reliefs of permanent injunction and declaration and
cancellation of documents of title set up by the respondents
categorically held that the suits,
such as suit for declaration, injunction and cancellation of sale deed on the
ground of the same having been forged ... cover suits such as the
subject suit for declaration, injunction and for
cancellation of a sale deed/power of attorney on the
ground
Institution of the 04.03.2009
suit
Nature of the suit. Suit for declaration and
injunction.
Date of commencement of 16.07.2010
recording of evidence.
Date on which ... defendants. Hence, he has filed this suit
for declaration and consequential relief of permanent injunction.
7. Further it is stated that he is the absolute
their rankings in the trial Court.
3. Suit for declaration and permanent injunction.
4. The case of the plaintiff, in brief, is that the second ... erred in restricting the relief of permanent injunction and declaration only to an extent of 19 cents instead of the actual extent of 24 cents
