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nidhi sharma ( student)     02 June 2011

Suit for permanent Injunction

Respect all,

Here I want to ask about a dispute of permanent injunction. We have agricultural farms and near that land there is a rasta which is common for all. In 1991 there arised a dispute about that common way as one of our neighbours tried to block that way and for this used to put bushes in the way and also tried to make wall in that way. At that time my Great grand father i.e the father of my grand father filed the suit for permanent injunction. In that suit the defendant completely denied that he had tried to block that way and also the court in 1995 decided  the case in his favour and considered that our suit was fake and the defendant had never blocked the way. But now for the last 2-3 weeks he again started doing those activities i.e. he had tried to make a wall there. So here I want to know that now whether we can file a suit against him or if the old decree that was against us will effect the new case or not ? Please suggest. Thanks to all.



Learning

 5 Replies

Arup (UNEMPLOYED)     02 June 2011

convince the court by old decrees.

 

At that time my Great grand father i.e the father of my grand father filed the suit for permanent injunction. In that suit the defendant completely denied that he had tried to block that way and also the court in 1995 decided  the case in his favour and considered that our suit was fake and the defendant had never blocked the way.

-----     now the underlined portion will go against him.

unite all the parties used that common road.

whether the disputed portion is property of them?

whether any alternative road is there for you?

these will be treated the disputed land as public road or not.

i think if you convince the police they will take action against them.

1 Like

niranjan (civil practice)     02 June 2011

If it is a common road between the fields it must have been shown in the map, In the first suit,the court must have come to the conclusion that there is a common road.The previous suit by your G.father would not come in the present suit as parties are different and time for  cause of action is different.However,the deft.would plead that you are unnecessarily harassing him and will ask for heavy cost.So in that case it is better if you file representative suit. of declaration and injunction. There is another way that under Mamlatdar's Court Act,if some one blocks passage,you can file suit before Mamlatdar for removal of obstruction instead of going to the court.

1 Like

nidhi sharma ( student)     02 June 2011

sir you are saying that the partiess are different but at that timethe suit was in my great grand father's name but my father attended all the hearings as his power of attorney.

niranjan (civil practice)     03 June 2011

To avoid resjudicata you should change format of the suit.

biharimohanty (advocate)     16 July 2011

respcted legalexperts

my case is similar to the above matter,but in my case i purchased in 1998, anather co purchaser in same

year, the husband of plaintif also co purchaser adjacent to my land,plaintiff came to picture in 2010 by purchaser from preveous coperchaser of 2000, in all the registered sale deed marked as vender left road&marked in red colour,at the time of purchase of defendats land  marked  in sale deed others roads but it is not  now in the feild, but plaintif takes plea of alternative road available to defendants, in order to avoid court fees  instead of husband plaintiff filed suit, & got an exparty statusco order.taking plea that the road is for exclusive for her& for her husband, by using muscle power one paralal red stone wall constructedby jointing my wallby which my gate  was closed, then i filed a complaint u/s 133 crpc in the court of  exicutive magistrate but police became sailent,it was intimated to plaintiff regarding my complaint,then plainyiff appeared before magistrate and filed memo of statusquo order,so magistrate consider this as civil mater kept for order,so may  i advised by you the experts what shoul i do,and  what criminal offence can be charged against plaintiff,

                                                                thanks in advance

                                                             bhuban bihari nohanty

                                                          mamalaodia@gmail.com


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