...case. At all events, the High Court ought not to have recorded a finding of fact on a seriously disputed and complicated issue of title, in a suit for a mere injunction....the appropriate decision?Re: Question (i)13. The general principles as to when a mere suit for permanent injunction will lie, and when it i...have to sue for declaration of title and the consequential relief of injunction. Where the title of the plaintiff is under a cloud or in dispute and he is not in possession or not able to establis...

...facts2. Respondents 1 and 2 (the plaintiffs) filed a suit for declaration, possession and injunction (Title Suit No. 133 of 1982 on the file of Sadar M...declaration of title and possession relates to the existence and establishment of natural rights which inhere in a person by virtue of his ownership of a property. On the other hand, a suit for en.... In a suit for recovery possession of property ‘A’, court cannot grant possession of property ‘B’. In a suit praying for permanent injunction, court cannot grant a relief of ...

...Order 9 Rule 7 CPC was dismissed, present petition has been filed.Short facts of the case are that respondents No. 1 to 3 filed a suit for declaration, possession ...dismissed, hence this petition.Learned counsel for petitioner argued at length and submits that impugned order is illegal, incorrect and deserves to be dismissed. It is submitted that...Being aggrieved by the order dated 16.4.2012 passed by 4th Addl. Civil Judge Class II, Mandsaur in Civil Suit No. 102-A/2009, whereby application filed by the petitioner under...

...1. This is defendants’ second appeal. The respondents-plaintiffs No.1 and 2 filed civil suit for declaration, possession and injunction against the appellants-defendants on th...possession of the appellants-defendants is unauthorised and decree the plaintiffs suit. The lower appellate Court has also confirmed the said finding and dismissed the appeal. Though before the trial...that the respondents No.1 and 2 are Bhumiswami of land bearing Survey No.272 (Khata No.144) of 0.08 hectare. The trial Court decreed the suit of the respondents and lower appellate Court...

...second appeal in which the order of status quo dated 28-2-2012 was passed arises from a suit for declaration, possession and injunction at the petitioner's instance which was dismissed by the cour...plaintiff's suit inter alia was for possession and was dismissed. In the context of aforesaid, I find no force in the contempt petition. It is dismissed. (Alok.... Ola submitted that despite the order dated 28-2- 2012, the respondents have raised construction on suit land and also obtained electricity connection from the JVVNL. It has been submitted that these...

...filed this petition. 2. Brief facts leading to filing of this petition are that: Respondent Nos.1 to 5 have filed a suit for relief of declaration, possession and mandatory ...petitioner. 6. Respondent Nos.1 to 5 have filed a suit for declaration, possession and injunction. The trail Court has framed the issues placing the burden of proof on respond...schedule property with the assistance of PWD department and submit a report. In support of an application, the petitioner has filed an affidavit stating that the respondent has filed a suit for...

...a suit for bare injunction, made an application under the wrong provision of law under Order II Rule 2(3) of the CPC for withdrawal of the suit and institution of a fresh suit .... He further submits that the plaintiff intends to file a comprehensive suit for declaration, possession and injunction in respect of the suit schedule property, which was the subject mat...the defendant, even when he was not in occupation of a portion of the property. After realizing that she could not have maintained a suit for bare injunction when the defendant was in occupation of a portion of the property...

...south - 60 ft., which is shown as 'B' schedule property. - 4 - Therefore, the plaintiff filed a suit for declaration, possession ...suit for declaration, possession and injunction. Even though, the original owner has not denied the execution of the sale deed, the trial court has erred in dismissing the suit on the gro...filed a suit for declaration, possession and injunction. The plaintiff examined himself as PW1. Defendant No.5 has been examined as DW1. Even though plaintiff has cross- examined DW1 partly, the t...

.... 3. The plaintiff filed a suit for declaration, possession and injunction. Later, he has also sought for amendment of prayer for restoration ...for mandatory injunction. After service of summons, defendants appeared through counsel. After hearing the parties, the trial court dismissed the IA filed by the plaintiff under Order 39 Rules 1 and 2... BASAVESHWARA ENTERPRISES BENGALURU …RESPONDENTS (BY SRI.B V JAYAPRAKASH., ADVOCATE FOR R1: NOTICE TO R2 & R5 SERVED AND UNREPRESENTED R3...

..., who filed suit for declaration, possession and injunction. During the pendency of the suit, the plaintiff filed an application in I.A.No.XIX under Order 26 Rule 9 of ...plaintiff for the relief of mandatory injunction and O.S.No.1814/1989 was filed by the defendant for the relief of permanent injunction and in both the suits the dispute was over suit Wel.... In this circumstance, once again appointment of Commissioner would not arise. Admittedly, the present suit is filed for declaration of ownership in respect of the suit schedule property and the burden...

...appellant/plaintiff has filed a civil suit for declaration, possession and injunction.4. According to plaint averments, the deceased Parasram was the main holder of the ...Additional District Judge, Mandla in Regular Civil Appeal No. 17-A/08, whereby affirming the judgment and decree dated 30.11.1998 passed in Civil Suit No. 111-A/1996 by the trial Court.3. The...had two sons and one daughter namely Ramkaran, Revaram and Phuljarbai. The suit property became joint property of deceased, Ramkaran, Revaram and Phuljarbai died issueless. Mangobai was daughter of...

...property, and therefore, petitioner is required to file suit for declaration, possession and injunction in terms of judgment passed in ...able to establish possession, such plaintiff will have to file a suit for declaration, possession and injunction. 9. A perusal of the plaint would show that...Sudhakar Vs. P. Buchi Reddy (2008) 4 SCC 594. 5. Perusal of the record reveals that plaintiff filed a suit for recovery of possession...

... 1. This writ petition is filed challenging an order refusing to appoint a Court Commissioner. 2. In a suit for declaration, possession ...my view, the order of the Trial Court cannot be found fault with, more so, when the petitioner has filed a suit seeking for possession of the property which he claims has been encroached upon by the...measurement of the suit property with reference the sale deed date 13.02.1999 and also to take measurement of the building constructed on Plot No.157 by encroachment...

...ORDERHeard the learned Counsel for the petitioner. The petitioner was the plaintiff before the trial court in a suit for declaration, possession and injunction. ...has filed written statement and cross-examined the plaintiff and thereafter, for reasons best known, had not Participated in the suit, and the very miscellaneous petition was not maintainable and ...Partly contested by the defendant and the suit was abandoned after cross-examining the plaintiff. The suit having been decreed, execution was sought to be taken out of the judgment and decree. At...

.... 6. The plaintiff filed a suit for declaration, possession and injunction claiming that the parties are Oraon by caste and as such, under the prevailing customs ...Suit No. 25A/2002 dismissing the suit filed by the appellant/plaintiff. 3. Mr. Bhakta, learned counsel for the appellant/plaintiff, would submit that both the Courts below have...grossly erred in concurrently holding that the plaintiff is not entitled for decree qua the suit property held by his uncle Marhu, thereby committed illegality. As such, the appeal be admitted for hearing...

.... 2. Counsel for the petitioner submits that petitioner/plaintiff filed a suit for declaration, possession and injunction in which written-statement was ...petition has been filed in the year 2023 and till then proceeding of civil suit has been stayed. 5. Considering the submissions made by counsel for the parties and on perusal... Appearance: Shri P.C. Paliwal - Advocate for the petitioner. Shri Ravendra Shukla - Advocate for respondent No.2 None appears for respondents No.1 and 3, though served...

...of the plaintiff, came to be allowed. 3. The plaintiff has filed a suit for declaration, possession and injunction. 4. The parties are.... 5. The suit summons was served upon the said witness personally and the suit was adjourned for three to four times. However, the said witness did not remain present...interse related to each other. In the said suit, the plaintiff/present respondent, wanted to examine the witness namely Pasanbai w/o Laxman Gosalwad i.e. the mother of the plaintiff and the defendant No.2...

....2. The facts insofar as relevant for the purpose of these appeals are stated as under:The plaintiff Prabhudas Shivlal Patel, respondent before us, filed a suit for ...also filed an application for grant of ad interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The trial court dismissed the...limited purpose of examining whether a case for review was made out or not.6. In the above facts and circumstances of the case, the appeals are allowed. The order dated 28-1-2000...

...) 13. The general principles as to when a mere suit for permanent injunction will lie, and when it is necessary to file a suit for ...dispute, or under a cloud, or where the defendant asserts title thereto and there is also a threat of dispossession from the defendant, the plaintiff will have to sue for declaration of title and the consequential ...petitioner that the amendment will certainly change the nature of the suit. Initially the suit was filed only for possession after demolition of illegal construction as well as for permanent ...

...: AIR 2008 SC 2033. In paragraph 11 of the report, the apex Court held:“11. The general principles as to when a mere suit for permanent ...declaration of title and the consequential relief of injunction. Where the title of plaintiff is under a cloud or in dispute and he is not in possession or not able to establish possession, necess...) 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 ...