About temp. injunction matter
Adv Annaso Dodwad
(Querist) 06 April 2012
This query is : Resolved
I have a question. my case is that there is 2 saledeeds of on property. 1st sale deed is hit by many laws like land rev.code, town planning act etc. Owner didn't handover any possession to 1st saledeed holder. The 2nd sale deed is made after obtaining all necessary permission. The possession of suit property also handed over with 2nd sale deed holder i.e. defendant and it also shown on documents like light bills, revenue extracts, affidavits of neighbors, etc. Now my question is that whether plaintiff i.e. 1st saledeed holder can pray for temp.injunction against defendant i.e. 2nd sale deed holder without possession. Is it court granted his application without looking of defendants possession?
SAINATH DEVALLA
(Expert) 06 April 2012
Dear Annaso,
There is no temporary injunction order.Injunction order means interim relief only.He can file a petition praying for granting injunction order.
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions. Breaches of restraining orders can be considered serious criminal offences that merit arrest and possible prison sentences.
prabhakar singh
(Expert) 07 April 2012
Interim injunctions (generously called temporary)are granted by court to preserve the status of property in form as it stands on the date of suit.Its'grant depends on three considerations:a)prima facie case with possession,b)balance of convenience,c)its' denial should result in irreparable loss to plaintiff.If plaintiff fails to prove any of these three ,court shall not grant any injunction in his favor.
Facts stated by you lead to infer that court shall not be inclined to grant injunction in favor of plaintiff.
