second respondent, would urge that the impugned order is of
simpliciter discharge without casting any stigma/aspersions on the
petitioner, hence there was no necessity ... impugned order entails civil
consequences, contending that the order is of simpliciter discharge. In
view of the catena of decisions of the Apex Court
declaratory relief was
sought and the suit was only to grant simpliciter permanent
injunction, which cannot be countenanced. It was a speculative
suit ... case, it
would not be enough to ask for permanent injunction simpliciter
and the suit so filed ought to have been rejected at the threshold
Datta further submits that, the Impugned order is an order
simpliciter, reverting the Petitioner back to his Parent College, without an
iota of allegation ... Jaya & Ors
[2019 SCC OnLine SC 1008], to argue that a simpliciter order need not
always be stigmatic.
16. Learned Senior Counsel further argues
facts and circumstances we are convinced that the
termination is not a simpliciter order even though worded as
such. The same suffers from the vice ... 1225/2019 CAV JUDGMENT
simpliciter termination as sought to be worded in the
termination order or is it founded on well-established design to
achieve
interfered or threatened by the
defendant, a suit for an injunction
simpliciter will lie. A person has a right
to protect his possession against ... injunction. A
person out of possession cannot seek
the relief of injunction simpliciter,
without claiming the relief of
possession.
11.3) Where the plaintiff
Sri.C.Honnaiah vs Smt. Mamatha Kantharaj on 18 December, 2020
BEFORE THE LXVI ADDL
According to her, the suit is one of
recovery of possession simpliciter and the respondents have no
case that the revision petitioners are encroachers ... order to
convince us that the suit is only for possession simpliciter and not
for ejectment or removal of encroachment under Section 54 , the
learned
sought for in the suit, even
the bare injunction or injunction simpliciter.
35. The learned counsel for D2 would also contend that, if the
documents
various correspondences, the order nonetheless is still an
order of discharge simpliciter. Hence, the contention of
the writ petitioners that the order of discharge casts ... considered view, the
discharge of the petitioners is an order of discharge
simpliciter. The purport of these very Probations Rules
came up for consideration before
trial Court).
3. Sole plaintiff - Mansarovar filed a suit for
permanent injunction simpliciter stating inter
alia that the suit land shown in Schedule ... inserted subsequently.
20. The question is, whether only the suit for
injunction simpliciter is maintainable without a
prayer for declaration ?
21. Section
