grant of such an injunction in the suit. Secondly, the
plaintiff respondents brought this suit for permanent
injunction restraining their father, the defendant ... they were
unnecessary parties to the suit. Being unsuccessful in that
attempt, they instituted a suit for permanent injunction
against their father. They wanted
LT417 (supra). The learned Judge observed : --
"In suits relating to land a suit for permanent injunction restraining interference with possession cannot be maintained ... incidentally would not make the suit for injunction simpliciter incompetent. Therefore, in order to determine whether the suit for injunction simpliciter is maintainable
determine as to whether a particular suit is a suit for permanent injunction only or a composite suit for declaration of right, title and interest ... determine as to whether a particular suit is a suit for permanent injunction or not, the court has to look into the substance
suit as having become
infructuous on filing of suit for specific performance. Defendants
No.4 to 6 also filed civil suit for permanent injunction restraining ... pendens. Prior to the filing
of the present suit and even in the suit for permanent injunction
they were not impleaded as party, though made
permanent injunction at the most, it is
discretion of the Trial Court to grant decree for permanent
injunction or to dismiss the suit ... vacant possession of the suit
schedule property, is justified?
Analysis:
19. The plaintiff has filed the suit for permanent
injunction simplicitor on the ground that
XXVII ADDL. CITY CIVIL JUDGE, AT BENGALURU, DISMISSING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
RFA NO.458/2016 IS FILED UNDER ... XXVII ADDL. CITY CIVIL JUDGE, AT BENGALURU, DISMISSING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
RFA NO.459/2016 IS FILED UNDER
incidentally would not make the suit for injunction simpliciter incompetent. Therefore, in order to determine whether the suit for injunction simpliciter is maintainable ... Suit for injunction restraining defendants from interfering with plaintiffs possession of land falling within consolidation area -- Suit remains in abeyance -- No permanent injunction but temporary
court further observed that since the plaintiff had instituted a suit for
permanent injunction it was not necessary for the court to go into ... Accordingly, Suit No. 94/56 filed by Setlur against
Iyengar stood dismissed. In the said suit, Setlur had also sought a permanent
injunction restraining Iyengar
challenged the maintainability of the suit for
the reason of the plaintiffs having earlier filed a suit for permanent
injunction for restraining the defendant from ... plaintiffs after the
institution of the present suit have withdrawn the previous suit for
permanent injunction. The court of the Civil Judge, Delhi vide order
trial Court, the suit can become infructuous after that date but till then the suit for permanent injunction could not be dismissed as having become ... January, 1979; to file a suit for specific performance of the contract, and, therefore, the present suit for permanent injunction cannot be dismissed as having
