Bare injunction suit
dr vamshi
(Querist) 05 December 2012
This query is : Resolved
1.a coparcener filing bare injunction suit against another coparcener who is not karta or manager-whether maintainable
2.a compromise decree which was previously made with respect to a few ancestral properties,for the sake of land reforms act in karnataka , and which was not meant to be acted upon.
now we have filed a bare injunction suit on all the properties as also the properties which were earlier part of alleged compromise decree.iam not in a position to go for partition at this stage as there are other issues involved.now judge has raised his doubts over whether temporary injunction can be granted in this case
iam not a lawyer, pls help me with relevant citations, as my lawyer is not able to source them
Raj Kumar Makkad
(Expert) 05 December 2012
1. It depends upon the nature of injunction depending upon the facts of the case.
2. The doubts of judge are legal and justified. If a property under a compromise has been given to other cooparcener then no legal right remains with the plaintiff to seek temporary injunction.
You mutually need to get that compromise decree set aside first and then have to seek injunction.
ajay sethi
(Expert) 05 December 2012
suit simplicter for injunction is not maintanbale . you must seek some declaratory reliefs
Adv Raj (High Court)
(Expert) 05 December 2012
Decree first taken through mutual consent has to be broken mutually and set aside , then only you can proceed for the injunction
Raj Kumar Makkad
(Expert) 05 December 2012
Thanks Adv Raj for seconding my opinion.
