Kota whereby the learned Judge has dismissed the appellant's second temporary injunction application under Order 39, Rules 1 and 2 of the Civil ... appellant for a temporary injunction in her favor. Lastly, once a temporary injunction application has been dismissed, a second temporary injunction application under Order
concurrent
jurisdiction will usually refuse to interfere by
issuance of a second injunction. There is no
established rule of exclusion which would deprive
a court ... injunction, while such refusal does not exclude
another coordinate court or judge from
jurisdiction, yet the granting of the injunction by a
second judge
second respondent. Therefore, the plaintiffs have right for an interim injunction against the second defendant also not to deal with the shares, pending disposal ... plaintiff and thus, the plaintiffs have right for an interim injunction against the second defendant also not to deal with the shares, pending disposal
Suit 150/2005 and in said Civil Suit they sought temporary injunction. Second Joint Civil Judge Junior Division at Pusad rejected that prayer ... returnable forthwith.
2. Advocate Sambre contends that Appellate Court has given temporary injunction only because it has found respondents in possession. He argues that possession
restrain the enforcement of the bank guarantee by grant of interim injunction. Secondly, when there are 'special equities' necessitating the grant of injunction
against the second respondent for bare and permanent injunction to restrain the defendant-second respondent herein and his men from in any manner interfering with ... with the said suit and also obtained ad interim injunction. On 28.11.2006 the defendant/second respondent filed a counter and also filed
alternative recovery of possession; that the second suit was filed for declaration and injunction; that O.S.No.1047 of 1992 was withdrawn ... filed for declaration and injunction; that the second suit was withdrawn, but no liberty was asked for either, or granted; that
obstruction is to be
removed by a mandatory injunction. Second defendant was
impleaded only as the sharer of the property through which the
remaining portion ... first inspection made for
submitting Ext.C1 report and the second inspection, on the basis
SA No.933/94 Page numbers
of which
other bids;
39. Following order dated 29.05.2007 the
respondent/plaintiff filed second interim injunction
application under Order XXXIX Rule 1 & 2 read with
Section ... Contd.....
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been impugned by the appellant/defendant/MCD.
41. The second interim injunction application
has been allowed granting the following relief
framed. Firstly, whether the plaintiff was entitled to decree for mandatory injunction and secondly whether the plaintiff was the owner of the suit property ... that the suit was not maintainable being one for mandatory injunction and for prohibitory injunction and not one for recovery. Strictly speaking the question
