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vik   27 August 2015

Permanent injunction court decree

Sir, I have a court decree against a private party on Anadeenam punja land which says "defendants, servants or anybody on their behalf are restrained by permanent injunction". So in that case, 1. Is there a possibility that defendant servant can be a public servant, which is Govt. ? 2. Can anybody on their behalf means... does it attracts Govt. ? 3. Does this 1987 decree hit by 12 years Limitation act, if in case Govt. files a suit on us or interfere with our possession ? 4. Does this ex-parte decree operates as Res-Judicata irrespective of Private parties or Govt. as defendants ? 5. How can 2 persons claim rights on the same land at the same time ? While we have possession rights for more than 30 years and Govt still interferes with our possession. 6. Since we already paid the Govt. market rate on the schedule land when filing the suit in 1987, does appellants have any equity rights apart from possession rights ? 7. If it all we want to file a fresh suit against Govt., what would be the type of suit petition ? Possession is not a problem for us at this time, but Govt. interfering with our peaceful possession is the problem. While Govt. always objects orally, but never issued any notices so far. Can I file a suit for Declaration of title against Govt. ? What is the cause of action for us here to file any suit ? or simply can I file a Execution petition of 1987 decree against Govt. as defendant now ? 8. What is meant by Anadeenam Punja land classification ? Please clarify me, sir. Thank you. I appreciate your help.



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 1 Replies

Srinivasa Rao Yaramati (advocate)     04 September 2016

as you said that you filed suit aganst private party as defendart so your decree bindes only to private party not to government. if you are facing problem with gove you need to fiel a fresh declaration and injuction  case against the govrenmetn 


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