Adverse and limitation period
rajesh
(Querist) 14 June 2012
This query is : Resolved
in suit for bare injuction the trial court errored by decreeing
then we approached senior as RA there appelete court reversed trial court ordered in our favour. It was ordered in our favour in high court, karnataka & supreme court of india in our favour. Now they have approaced first time suit for posession as thier name are in extract copy but dont have blue print who constructed the shop. Brief fact of case- The suit is multi storied our posession is in ground floor from 1971. suit is of ground floor and opposites are in first floor. now the query is of adverse or limitation. We have not put counter claim. We only want case to be dismissed. so request is for citations and any good sugesstion or documents. Pls. help
ajay sethi
(Expert) 14 June 2012
what i understand is suit for bare injunction was filed and decree was passed in favour of plaintifs and the order was set aside in appeal . suprem court has affirmed findings of appellate court .
now they are filing suit claiming posession . when they filed suit did they obtain leave under order 2 rule 2 ?
application of Order 2 Rule 2 is subject to the exception that reliefs not claimed in the earlier proceeding can be claimed subsequently with the leave of the court.
M/s. Y-not legal services
(Expert) 14 June 2012
are they filed this new case for the same relief which is already favored to you?
-tom-
Shonee Kapoor
(Expert) 16 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
