CiteTEXT
...Order 39, Rule 4, C. P. C., for discharging the order of temporary injunction. This application was rejected by the trial Court On the ground that the defendant...appeal, set aside the order of the trial Court rejecting the defendants' application under Order 39. Rule 4, C. P. C., with the direction that the defendants' a...at the original hearing, they could not later on move the court under Rule 4 and have the casei re-opened and reheard under that Rule on the grounds and material which were available to them at the original hearing. ...
.... The opposite party after appearance filed an application under order 39, rule 4, cpc and the trial court after considering both the matters rejected the petition under order 39.... C. And allowed the application under order 39, rules 1 and 2, cpc, and grantee, an order of injunction restraining the defendant from interfering with the possession of the.... Appeal no. 4/80 ot 1997 - 93 reversing the order passed by the trial court.
(2) The plaintiff - petitioner has filed a suit for specific performance of contract. During the pendency...
...2006 for grant of police - aid and the la. Was ordered on 7 - 10 - 2006.
(2) The respondents filed i. A. (sr) no. 3082 of 2006 under order 39 rule 4 c. P. ...trial court in i. A. No. 378 of 2006 is in force. The attempt made by the respondents to get it modified by filing an application under order 39 rule 4 c. P. C. Did not...respondents started interfering with the same on 23 - 3 - 2006. He also filed i. A. No. 378 of 2006 under order 39 rules 1 and 2 c. P. C. Initially, and order of temporary injunction was passed on 24 - 3...
...obviously covered specifically under Rule 4 of Order 39 CPC, and under no other specific provisions of the C. P. C. Order, being thus, under
...opportunity of hearing to the other side viz., the non-applicants-defendants before passing the Order of variation under Rule 4 Order 39 C. P. C. Failure to pro...39 Rule 4 C. P. C. after duly hearing the other side.
2. The present applicant-plaintiff had filed a suit against the State Government (present non-applicant No. 1) in the...
...the three essential requirements which are pre-requisites for the grant of ad-interim injunction. The application of the defendant no. 2 filed under order 39 Rule 4 C. P. C...Order 39 Rule 4 (being I. A. No. 12116/00) is allowed, and the status-quo order dated 10. 2. 2000 is vacated. The plaintiff's application for injunction (I. A. No. 9891/00) is di...injunction.
(30) BOTH the applications are disposed off in the above terms. There will however be no order as to costs.
Order 39 Rule 4...
...possession of the residential portion.4. Order 39 Rule 1(c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise...filed five unsuccessful objections. The first was dismissed on March 4, 1987. The second one on December 4, 1987, which was confirmed on revision by the High Court on January 20, 1988. The third one...on October 4, 1987 and fourth one on January 17, 1989. Even thereafter fifth objection was filed on May 23, 1989 which was dismissed on October 24, 1989. This was also confirmed by the High Court in...
...her own hand". He also pointed out that the 2nd defendant in an application filed by them in this very suit under Order 38. Rule 5 read with Order 39, Rule 4. C. P. ...Order 37, Rule 1 Civil Procedure Code and by an order dated 28. 8. 94, a learned Single Judge of this court came to the conclusion that the ...not fit into Order 37 as amended in 1976 and held that the best course was to try the suit as an ordinary suit and issued fresh summons. An appeal FAO (OS 146/84 was carried against the said order and...
....) Court No. 5, Mathura before deciding application 17-C (under order 39 rule 4 of C.P.C.) and application 10-C (under order 39 rule 1 of C.P.C.) which i...hearing to the parties concerned provided that there is no other legal impediment. Disposal of the amendment application will not be an impediment for deciding the application under Order 39 Rule 4...:
"1. Direct the court of Learned Additional Civil Judge (J.D.), Court No. 5, Mathura to decide the application 40-Ka (Under order 6 rule 17 of C.P.C...
...direction to the learned Civil Judge (Junior Division), South, Court No.24, District- Sultanpur for expeditious disposal of their application under Order 39 Rule 1 & 2 C.P.C. (Paper No.4-C-2) pending...disposed of by issuing a direction to the learned Civil Judge (Junior Division), South, Court No.24, District- Sultanpur to dispose of the application under Order 39 Rule 1 & 2 C.P.C. (Paper ...
Petitioner :- Sanjay Kumar Chaurasiya And 4 Others
Respondent :- Court Of Civil Judge ( Junior Division ) South,Court No. 24,Sultanpur And Another...
...writ petition has been preferred to direct the Respondent No.1- Civil Judge (J.D.), South, Court No.24, District - Sultanpur to decide the application for Temporary Injunction (4-C) dated 02.08.2023, under order
...move an urgency application for early disposal of the the application for Temporary Injunction (4-C) dated 02.08.2023, under order 39 Rule 1 and 2 C.P.C., pending in the Suit i.e...
opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.
Order Date :- 19.7.2024 S. Kumar
...
...)/F.T.C. Ballia to decide the application of the
petitioner under Order 39 Rule 2-A within specific period.
It appears from perusal of the records that an application no. 4
C-2 unde...Order 39 Rule 2-A of the Code of Civil Procedure
was filed in Original Suit No. 95 of 2004 which was numbered
as Misc. Case No. 17 of 2020.
It is argued that the interim...in accordance with law expeditiously and
preferably within a period of three months from the date of
production of self attested computer generated copy of this
order downloaded...
...ex parte temporary injunction has
come to be granted on 23.02.2023 and after the petitioner put in
appearance and filed his objection under Order 39 Rule 4 to the temporary
injunction granted and also his written s...without looking
into the grievance raised by the defendant-petitioner vide application filed
under Order 39 Rule 4 irreparable injuries would be caused.
4. A report has been submitted by the presid...of the above, this petition stands disposed of with direction to
the trial court concerned to first decide the pending application/objection of
the petitioner-defendant under Order 39 Rule 4 on the next date fixed ...
...djg> hon'ble kochhar, j - during the pendency of the suit filed by the respondent - plaintiff against the petitioner - defendants, an order under order 39 rule 1 & 2, ...petitioners who had right to join the proceedings without getting any order from the court the learned trial court should now decide the application under order 39 rule 4 of the ...counsel for the parties.
(3). It is not disputed before me that on 9. 8. 1989 the case was fixed for arguments on the application under rule 4 of order 39 of the...
...:-
"Wherefore, it is most repectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party No.1 to decide the application 4-C under order ...pass appropriate orders, in accordance with law, on the Misc. Appeal No. 28 of 2023 as also on the Application 4-C filed under order 39 Rule 1 C.P.C. read with Section 151, as early as possible...Others."
It is stated that as per law settled, the application seeking interim temporary injunction preferred under Order 39 Rule 1 read with Section 151 of C.P.C. should...
...shall after hearing the parties on merits shall hear and finally dispose of the application bearing Paper No. C-6 and its objections under Order 39 Rule 4 bearing paper No. ...seeking vacation of the interim injunction by moving his objections under Order 39 Rule 4 CPC, a copy of which has been annexed as Annexure No. 5 with the above petition...appropriate direction be given to the trial court to hear and consider the application under Order 7 Rule 11 CPC as well as the objection under Order 39 Rule ...
...shall after hearing the parties on merits shall hear and finally dispose of the application bearing Paper No. C-6 and its objections under Order 39 Rule 4 bearing paper No. ...seeking vacation of the interim injunction by moving his objections under Order 39 Rule 4 CPC, a copy of which has been annexed as Annexure No. 5 with the above petition...appropriate direction be given to the trial court to hear and consider the application under Order 7 Rule 11 CPC as well as the objection under Order 39 Rule ...
...shall after hearing the parties on merits shall hear and finally dispose of the application bearing Paper No. C-6 and its objections under Order 39 Rule 4 bearing paper No. ...seeking vacation of the interim injunction by moving his objections under Order 39 Rule 4 CPC, a copy of which has been annexed as Annexure No. 5 with the above petition...appropriate direction be given to the trial court to hear and consider the application under Order 7 Rule 11 CPC as well as the objection under Order 39 Rule ...
...shall after hearing the parties on merits shall hear and finally dispose of the application bearing Paper No. C-6 and its objections under Order 39 Rule 4 bearing paper No. ...seeking vacation of the interim injunction by moving his objections under Order 39 Rule 4 CPC, a copy of which has been annexed as Annexure No. 5 with the above petition...appropriate direction be given to the trial court to hear and consider the application under Order 7 Rule 11 CPC as well as the objection under Order 39 Rule ...
...shall after hearing the parties on merits shall hear and finally dispose of the application bearing Paper No. C-6 and its objections under Order 39 Rule 4 bearing paper No. ...seeking vacation of the interim injunction by moving his objections under Order 39 Rule 4 CPC, a copy of which has been annexed as Annexure No. 5 with the above petition...appropriate direction be given to the trial court to hear and consider the application under Order 7 Rule 11 CPC as well as the objection under Order 39 Rule ...
...shall after hearing the parties on merits shall hear and finally dispose of the application bearing Paper No. C-6 and its objections under Order 39 Rule 4 bearing paper No. ...seeking vacation of the interim injunction by moving his objections under Order 39 Rule 4 CPC, a copy of which has been annexed as Annexure No. 5 with the above petition...appropriate direction be given to the trial court to hear and consider the application under Order 7 Rule 11 CPC as well as the objection under Order 39 Rule ...