Injunction--Co-Sharers in Joint Property -- A plaintiff who has raised construction on part of joint land cannot seek to restrain other co-owners from exercising similar rights over the property
(i) Civil Procedure Code, 1908, O.39 Rr.1, 2 -- Temporary Injunction -- Equitable Conduct of Plaintiff -- Grant of temporary injunction is an equitable relief, and a party seeking such relief must itself act equitably. (ii) Civil Procedure Code, 1908, O.39 Rr.1, 2 -- Temporary Injunction -- Co-Sharers in Joint Property -- A plaintiff who has raised construction on part of joint land cannot seek to restrain other co-owners from exercising similar rights over the property. Where the transfer deed in favour of plaintiff shows the suit property already stands partitioned among co-owners, with each co-owner in exclusive possession of a respective share, an application for temporary injunction is liable to be dismissed.
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