Co-sharer 25] The plaintiff in a suit for partition is entitled to get a temporary injunction even against his co-sharers to protect his possession when he is exclusively residing in the suit houses and carrying on business thereon – I P Bhankanarayana v/s P Rajeshwar Rao AIR 1991 Ori 92.
10/6/2018 · However, the Court held that there is no absolute law that a suit for injunction by one co-sharer against another co-sharer is not maintainable and the co-sharer approaching the Court should be relegated to the alternative efficacious remedy of seeking partition.
4/28/2017 · In case of Coparcenary, in a suit for partition and accounts, when an injunction is sought to restrain the defendant co-sharer from transferring his share pendent lite, the legal position according to the Gujarat High Court was finally observed in the case of Ibrahim Shah Mond v. Noor Ahmed.
9/18/2016 · The Apex Court has very categorically held in para No. 7 as under: The parties to the action are co – sharers , and as under the law, possession of one co – sharer is possession of all co – sharers , it cannot be adverse to them, unless there is a denial of their right to their knowledge by the person in possession, and exclusion and ouster following thereon for the statutory period.
3/19/2014 · According to the learned counsel, only because one of the co -owner was in possession on record does not mean that the co -owners were not in possession. It is her submission that, the defendant Nos. 4 and 5 got possession in view of the sale deed and no injunction could be issued against a co -owner whether or not the co -owner was in possession.
P&H HC | A co-sharer in a property can seek a permanent injunction ag…, P&H HC | A co-sharer in a property can seek a permanent injunction ag…, Cases in which temporary injunction may be granted – iPleaders, Cases in which temporary injunction may be granted – iPleaders, 10/15/2020 · Suit for permanent injunction filed by the petitioner was dismissed by the trial Court. In the appeal filed by the petitioner against the judgment and decree dated 06-03-2020, the interim injunction has been declined on the ground that the petitioner is also a co-sharer in the suit land and suit for a permanent injunction is not maintainable against other co-sharer.
7/8/2020 · After hearing submissions, Justice Colabawalla observed, “Prima facie it does appear that having filed its trademark applications for the mark ‘GLOW & HANDSOME’, the Plaintiff (HUL) is the prior adopter of the said mark.” The court postponed all the later hearings to July 27, 2020.
