satyartha prakash gangula (proper) 28 August 2010
Dear Freinds
i have one query
I filled a suit for perpetual injunction , and rectification of the pahani partrika, will the suit is pending the defendent
erected cell tower with the agreement of a company now the company is paying the rent to defendent in this
state i shall continue the suit or shall i file another suit for recovery of possession by removing the cell tower in suit scheduled property by withdrawing the first suit .
kindly advise which ever is better then both.
yours
satyarda
nitish neilesh sanga (lawyer) 28 August 2010
file a suit for the recovery of possession ....made ur earlier defendant as a defendant and implead company also a defendant
Srinivas (Director) 31 August 2010
You can amend the original suit seeking relief for recovery of possession with consequential injunction due to events occuring subsequent to filing of the suit.
It is settled law that Pre-trial amendments are to be liberally construed and amendments allowed to address the real question in controversy between the parties in the suit and to avoid multiplicity of proceedings.
Good luck,
Srinivas
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