Tag: GoudiyaMath

Sreemat Bhakti Ballabh Tirtha vs Bhakti Lalit Giri Maharaj-27/02/1991

Before a temporary injunction is granted a party applying for it must show a prima facie case in support of his right, actual or threatened invasion of that right and irreparable damage. It is well settled that an injunction order under the Code of Civil Procedure can only be passed to protect the rights, properties or injuries of any kind of the party applying for it and it cannot be issued to destroy or take away any other person’s rights or duties.

Tridandeeswami Bhakti Kusum  vs Mayapore Sree Chaitanya Math And Ors-22/04/1983

The first question that requires consideration is whether the suit is one for land or simply for the cancellation of the impugned deeds. The question has to be decided on the basis of the averments made in the plaint and the reliefs claimed therein. We have already referred to some of the averments and set out the reliefs claimed by the plaintiffs. It is contended by the learned counsel for the plaintiffs that although, prima facie, it may appear to be a suit for land, really it is a suit for the cancellation of impugned deeds of appointment.