...Where a plaintiff is in lawful or peaceful possession of a property and such possession is interfered or threatened by the defendant, a suit for an injunction simpliciter will lie. A person has a right...and substantially in issue, and in what circumstances the question of title will be collaterally and incidentally in issue, in a suit for injunction simpliciter. In ...injunction simpliciter, in the absence of pleadings and issue relating to title.21. To summarise, the position in regard to suits for prohibitory injunction relating to immovable property, is as ...

.... 3. It has been contended by the petitioners that the respondents have filed a suit seeking injunction simpliciter i.e. O.S.No.1390 of 2018 before the Principal Senior Civil Judge's Court, ... a property and such possession is interfered or threatened by the defendant, a suit for an injunction simpliciter will lie. A person has a right to protect his possession against...and the respondents and without disclosing the said fact, the respondents have filed a suit claiming injunction and the Principal Senior Civil Judge has rightly declined to grant injunction in favour...

...possession of the suit property on the basis of the agreement for sale, he could not have filed suit for injunction simpliciter because equally, rather more, efficacious relief of specific performance of contract i...file the suit for perpetual injunction simpliciter to protect his possession till sale deed is actually executed and registered.5. From the pleadings and contention of the plaintiff, it is clear that the plain...relief of specific performance is equally efficacious, rather more efficacious, remedy than the suit for injunction simpliciter.7. It is settled position of law that where the plaintiff claims the possession o...

...simpliciter suit without seeking any leave of the Court reserving a right to claim a relief of specific performance of the agreement to sell dated 14.06.2007. The injunction application came to be...filed an injunction simpliciter suit being Civil Suit No.78 of 2008 against defendant as well as against the society and tenant. After rejection of the injunction application on 21.04.2009, plaintiff...and therefore, filed a Civil Suit bearing No.78 of 2008 on 09.01.2008 for relief of permanent injunction. The learned trial Court granted ad interim ex parte injunction against the defendant No...

...are the original plaintiffs, who had filed Suit for simpliciter injunction. The present respondent Nos. 28 and 24 respectively have filed application purportedly under Order 1, Rule...submits that though the Suit is for simpliciter injunction, the added respondent is necessary and proper party to the Suit. There are many members of the said Samasta Kaumbhar Samaj. It is for the...simpliciter injunction. Any order passed of injunction would bind only the parties to the Suit. The proposed party who is not party to the Suit, would not be bound by the order in the Suit. The...

...undue advantage, have put up illegal construction on the suit schedule property. Therefore, the plaintiff was compelled to file an injunction simpliciter suit in OS.No.57/1999 on the file of the...case are as under: The plaintiff instituted a suit in OS.No.372/2002 seeking relief of declaration of title, relief of mandatory injunction and for delivery of vacant...possession of the suit schedule property. The plaintiff claims that the suit schedule property is the ancestral property and the same was allotted to his father under...

...owner of survey No. 85/3C, area 1 acre and 20 gunthas.2. Respondent No. 1 has filed a suit for injunction simpliciter, alleging that he is in possession and the defendant has been obstructing his possession an...refers to an issue being involved in the suit, it obviously means that the issue is relevant for the decision of the suit.6. Now, in a suit for injunction simpliciter by a plaintiff who claim...whom the tenant may have a right to claim possession. On the other hand, if the plaintiff in a suit for injunction simpliciter fails to prove his possession on the date of the suit, again, the status of...

.... The question referred is as under:—“In a suit simpliciter for a permanent injunction, is it necessary to frame an issue of tenancy either of the plaintiff or of the defendant.... 24 of 1987 for modification of issue No. 1, contending inter alia, that in a suit simpliciter for injunction, if filed, an issue as regards tenancy is not required to be decided, as it is not...decisions of this Court on the question as to whether in a suit simpliciter for injunction, an issue as regards tenancy of either plaintiff or defendant is involved and whether it needs to be...

...are extracted below:“38. First suit filed by Lal Chand (Appellant 2 in the present proceedings), being Suit No. 2576 of 1990, was suit for injunction simpliciter. Tha...(Central), Delhi (hereinafter described as “the trial court”) in a suit for declaration of title, mandatory and permanent injunction filed by them.2. The suit land belonged to..., Appellant 2 Lal Chand filed Suit No. 2576 of 1990 in the Delhi High Court for grant of permanent injunction against the Corporation and DDA by asserting that he is the co-owner of House No. 80, Ward No...

...in the facts and circumstances of the case, the suit simpliciter for permanent injunction without seeking a declaration of title was not tenable and as such, allowed the appeal and set aside the decree..., the suit simpliciter for permanent injunction was not tenable.7. Shri Basava Prabhu S. Patil, learned Senior Counsel, would further submit that the sale-deed of the...the suit simpliciter for permanent injunction without claiming declaration of title, as filed by the plaintiff, was not maintainable?9. The issue is no more res...

.... 3. The Respondent NO.1 is the only contesting party. The present Respondent NO.1 has filed a suit for simpliciter injunction. In the said suit, the application Exh.74 is filed for...referred the said issue. 5. Mr.U.S.Patil, learned counsel for the petitioner submits that the suit is for simpliciter injunction. The petitioner is already issued a certificate U/s 24 of th...the plaintiff is for simpliciter injunction restraining the defendants from interfering in their possession of land Gat No.180. The plaintiff has not claimed any relief of declaration. 7. In the ...

.... The four families, it is true, are by tradition entitled to perform and officiate at certain ceremonies and also to share in the income. A suit for declaration with a consequential relief for injunction..., is not a suit for declaration simpliciter: it is a suit for declaration with further relief. Whether the further relief claimed in a particular case as consequential upon a declaration is adequate...(1904) 28 Bom 567 it was held that Section 42 of the Specific Relief Act does not empower the court to dismiss a suit for a declaration and injunction and that an injunction is a further relief within...

...mortgagee filed suit simpliciter for seeking permanent injunction to restrain the respondent wife of Muthuswami from interfering with the possession of the suit house on the ground that it was owned...injunction prayed for?(3) Whether the defendant was in possession of the suit property?(4) Whether the suit is bad...to be in possession of the suit house. Tax receipts evidencing payment of house tax were relied in proof of her possession. On these findings, it was held that relief of permanent injunction to...

...Specific Relief Act cannot be equated with the suits for injunction simpliciter. Section 5 of the Specific Relief Act prescribes that the person...correct to suggest that a suit for injunction simpliciter does not involve any inquiry into the status of the plaintiff. At the same time, the contention that as the suit under...the same analogy, the suit for injunction simpliciter before such forcible dispossession should also be entertained by the City Civil Court was not accepted by the learned single Judge. It was observed that in the ...

...respondents out of which this appeal arises is essentially for grant of permanent injunction simpliciter. It would be clear from the first substantial question of law framed by the High Court quoted supra....reliefs claimed therein. Was it a suit for grant of permanent injunction simpliciter or a suit to seek a declaration of title with consequential relief of grant of permanent injunction in relation to...aforementioned words of the prayer clause, we are of the view that it cannot be said that the suit is only for grant of permanent injunction simpliciter. In other words, the issue of title having...

...substantially in issue, is the question that needs an answer in this writ petition.Answer; In a suit for Injunction simpliciter, there is no need to frame any issue relating to title as issue of title will no...that there is no need to frame an issue regarding title in a suit for injunction simpliciter.3. I have heard the Learned Counsel for the parties and perused the impugned order. Learned Counsel for the petitio...possession or threat of dispossession, it is sufficient to sue for an injunction simpliciter.(b) As a suit for injunction simpliciter is concerned only with possession, normally the issue of...

...possession of the suit land the suit for a decree of permanent injunction simpliciter was not maintainable. Elucidating the point learned Senior Counsel submitted that the defendant after purchasing the ...permanent injunction restraining the appellant from dispossessing him from the suit land described in para 1 of the plaint and from interfering with possession of the plaintiff over the suit land...pendency of the suit a decree for mandatory injunction for restoration of possession of the suit land may be granted in his favour.4. The case of the plaintiff, sans...

..., suit was filed for permanent injunction. 3. Petitioner/defendant filed an application under Order 7 Rule 11 CPC on two points, i.e., (i) a suit simpliciter for permanent .... 4. Challenging the order passed by Court below, it is submitted by counsel for petitioner that suit simpliciter for permanent injunction is not maintainable in...suit simpliciter for permanent injunction is maintainable where title 2 is not in dispute...

...simpliciter suit for injunction qua their possession of the suit land and the sale deeds in question are the subject matter of challenge in another suit pending between the parties, any observation made...-20143. The present appeal lays challenge to consistent findings recorded by the Courts below whereby the suit filed by the respondents for grant of permanent injunction against...filed a suit for injunction restraining the defendants from interfering in their peaceful possession on the premise that they along with other co-sharers are in peaceful possession of the said land. It...

...for injunction simpliciter, the issue of title was not directly and substantially in issue and therefore, the suit, as filed by the appellant-plaintiff, was very much maintainable. He submitted that...:Whether the learned Single Judge of the High Court was right in holding that the suit simpliciter for permanent injunction without claiming declaration of title, as filed by the...with the plaintiff's lawful possession or threat of dispossession, it is sufficient to sue for an injunction simpliciter.(b) As a suit for injunction simpliciter is...