Court of Civil Judge (Junior Division), Jagadhri,
seeking permanent prohibitory injunction restraining
defendant Nos. 1 to 3 from interfering in the actual physical
possession ... alleged by the decree-
holder in violation of the decree for permanent prohibitory
injunction. Learned counsel for the petitioner states that
instead of issuing
alia, of the case are that
plaintiff has filed suit for permanent prohibitory injunction
C.R. No.7929 of 2010 2
taking specific plea therein ... opinion of this Court, even in a suit for permanent
prohibitory injunction, relief declaring the title and possession
of the plaintiff is a hidden relief
said suit was for the rendition of a
decree of permanent prohibitory injunction against the defendants therein, for
therebys, theirs not undertaking any construction activities ... said request remaining
unheeded.
7. The unassailed judgment and decree of permanent prohibitory
injunction enclosed in Annexure P-4, when has attained conclusive and
binding
facts would be necessary.
3. A decree for permanent prohibitory injunction was passed in favour of the decree-holders restraining the judgment-debtors from interfering ... ought to have obtained a decree for possession and not for permanent prohibitory injunction.
5. Learned executing court did not find any merit
petitioners states that earlier
plaintiffs/petitioners have filed suit for permanent prohibitory injunction
against the defendants/respondents and in the previously instituted suit
for permanent ... placed on record
sale deed dated 12.3.1982. In a suit for permanent prohibitory
injunction, plaintiffs have challenged the sale deed dated 12.3.1982 and
have already
carefully
examined the record.
Undisputedly, plaintiff has filed suit for permanent prohibitory
injunction against the defendant restraining the defendant not to alienate the
suit property ... facts of the present case, of course, earlier suit
for permanent prohibitory injunction was filed without seeking any relief of
specific performance or recovery
Ambala. It is
therefore necessary but to extract the decree of permanent prohibitory
injunction, as became passed by the learned civil Judge concerned ... learned civil Judge concerned, ultimately
passing the above extracted decree of permanent prohibitory injunction
against the defendants. However, if so, the said purported violation
that plaintiff-
respondent no.1 has filed a suit for permanent prohibitory
injunction restraining the defendant from alienating/disposing
off the suit property ... threatened to create third party interest,hence, plaintiff filed
suit for permanent prohibitory injunction, as well as
mandatory injunction.
Defendant no.1 has moved
whereby he claimed relief for
rendition of a decree of permanent prohibitory injunction qua the suit
path.
9. That one Gurmej Singh (respondent ... private respondents,
thus as a plaintiff therein, claimed relief for permanent prohibitory
injunction qua the suit passage, thereby it appears that thereby an
acerbic contest
whereby the learned Civil Court concerned, granted the espoused
decree of permanent prohibitory injunction, was thus required to be assigned
value by the authorities below ... decree of the civil Court, thus assigning the
relief of permanent prohibitory injunction to the plaintiff therein, rather in
respect of the lands, which
