• Interim Injunction - Co-sharer - Other co-sharers (defendant companies) cannot legally be permitted to raise construction, which changes the nature of the property detrimental to the interest of other co-sharers, unless the matter is finally decided by the concerned Court. (174) P.L.R. 
  • Interim Injunction - In order that a person obtains an interim order, the test shall invariably be that the plaintiff has a prima facie case and if the injunction is not granted, very serious prejudice would be caused - This is a case of a daughter making a claim at 65 years to the share alleged to have left behind by the father - Claim made by the daughter against the father on a plea that she had a right by birth - Such a contention is untenable, since there was no right to a daughter by birth under the Hindu Law by the then prevailing provisions at the time of father's death - The daughter will get nothing, if her own father had parted with the right but the question of whether the father could not part with that right, the manner he did, is certainly a matter that will govern suitable consideration at the relevant time during trial - Erection of tower if it ultimately results in its removal will still leave land - No great prejudice is likely to result by the installation made by a person who surely has a better claim.  (180) P.L.R.  


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