where a
contract is negative in nature, or contains an
express negative stipulation, breach of it may
be restrained by injunction and injunction is
normally ... however, not bound to
grant an injunction in every case and an
injunction to enforce a negative covenant
would be refused if it would indirectly
respondent-plaintiffs filed a suit for declaration,
injunction and alternative relief of possession.
An application seeking temporary injunction was filed by the
plaintiffs. The same ... possession. The plea
of the defendants to the contrary was negated. Injunction
was granted based on the material produced by the
plaintiffs.
5. Under these
great hardship, loss and
inconvenience if an order of temporary injunction
is not granted?
4. whether the defendant proves that he would ... order to exparte temporary injunction is
continued.
7. The court below answered points 1 to 3 in the
negative; and to the point
plaintiff ?
7. Whether the plaintiff is entitled to declaration
or injunction ?
8. Whether the judgment and decree of the
learned Munsiff are sustainable ... right to seek declaration and injunction, the
same is rejected by answering the 4th point in negative,
consequently, dismissed the appeal by judgment
prayed for ?
4. Whether he is entitled for the relief of
permanent injunction as prayed for ?
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5. What order or decree ?"
7. Thereafter ... entitled for the relief of declaration and also
permanent injunction, are answered in the negative and
consequently the suit of the plaintiff was dismissed, against
above points are:
Point No.1 : In negative
Point No.2: In negative
Point No.3: In negative
Point No.4: As per final order ... point Nos.1 to 3 in the negative and omitted to state
in the order that the injunction is against the further
construction. The trial
appeal filed by
the defendants by confirming the rejection order of
temporary injunction. Hence, the present writ petitions
are filed.
6. I have heard ... misrepresentation. The trial Court negated the
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contention of the defendants and dismissed the
application for temporary injunction mainly relying
upon the registered gift deed
whether plaintiffs are
entitled to 2/3rd share and permanent injunction in the
negative. While doing so, 3rd issue, whether plaintiffs proved
the suit schedule
Whether the plaintiffs are entitle for
the relief of declaration and permanent injunction?"
9. Parties went to trial with the aforesaid
pleadings and issues ... relief of declaration and permanent injunction?"
12. Answering points No.1 to 4 in the negative, the
first appellate court dismissed the appeal
declaration?
4. Whether the plaintiffs are entitled
for the relief of permanent
injunction?
5. What order or decree?
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RSA No.389/2013
9. Parties ... negative, Trial Court dismissed the suit for
declaration. However, prayer for injunction was
granted.
11. Plaintiffs did not challenge the dismissal of
suit with regard
