file of the XI Addl. Civil Judge, Bangalore City, declining an interlocutory injunction restraining dispossession.
2. Ws. Patil Exhibitors (Pvt) Ltd.,-appellant, was lessee ... interlocutory possessory remedy of a temporary injunction restraining respondent lessor from interfering with the plaintiffs possession of the cinema-house.
3. The appeal
absolute owner and in possession of the plaint schedule property, for permanent injunction and for other consequential reliefs. Similarly, O.S.No. 10261 ... property?
3. If so, is he entitled for an order of permanent injunction.
4. Whether plaintiff proves that the decree passed
Rule 4, C. P. C. and thereby dissolving the ad interim temporary injunction.
2. R. S. No. 81 of Kethamaranahall village, Rajajinaga III Stage ... evict the plaintiff. Hence the plaintiff filed the suit for permanent injunction. He also filed 1. A. No. 1 under Order39, Rules
document is duly executed and authenticated.
(C) SUIT FOR DECLARATION AND INJUNCTION - REQUIREMENT OF EVIDENCE - DUTY OF THE COURT - HELD - Unless the Court is satisfied ... evidence with regard to the identification of the property, no declaration and injunction can be granted.
Held:
In the light of these Judgments, what
RAMESH, J. (Oral):
In suits instituted for grant of permanent prohibitory
injunction relating to immovable properties, whether
issue of title will be directly and substantially ... needs an answer in this writ petition.
Answer: In a suit for Injunction simpliciter, there is no
need to frame any issue relating to title
Kamala Devi and also filed an application for grant of temporary injunction in the trial Court against one of the vendees Smt. Kamala Devi ... made a party and an application for grant of temporary injunction was also moved against him but that application was rejected by the trial Court
where a Trial Court in a civil suit refused to grant temporary injunction and an appeal against refusal to grant injunction has been rejected ... plaintiff before the Trial Court. He has filed a suit for permanent injunction wherein he sought an ad-interim order of injunction which was granted
Order 39 Rules 1 & 2 - Grant of ad-interim injunction - Principles applicable - Existence of prima facie case is harbinger to investigate other aspects ... prima facie case does not permit leap-frogging by plaintiff to injunction directly without evaluation of other considerations unmindful of other consequences - Even if unbeatable
appellant and the Ist respondent herein seeking- a decree for permanent injunction restraining the appellant from alienating the suit premises in favour of respondent ... party. On the same day, he also obtained an order of temporary injunction restraining the appellant from alienating the suit property in favour of respondent
file, dismissing the suit of the plaintiff for injunction.
2. It is the case of the plaintiff that he is the owner of the premises ... Therefore, the plaintiff sought to restrain the defendant by means of an injunction from blocking the windows and ventilators. Hence, he instituted the suit