Kumar Krishan Agarwal Advocate
09 July 2009 at 00:32
We have a ancestral property in which we are the legal coparceners. We filed an declaration with permanent injucnction suit against other legal coparceners for destruction of property and disposing of the property. The court gave an temporary injuction only and issue notice to other parties in Aug 08. Notice served and W.S filed in Sept 08. After that each time the court was giving 30-45 days extend of the temporary stay again and again on each dates. On dated 8-July-09 I requested to court to grant perpetual injuction but the Ld tribunal refused that after the arguments of both parties counsel only I 'll think to give it or not. I said please give this because the suit will be continued up to many years and in long proceedings.
A fresh suit of 'contempt application with Damages' filed in Aug 08 which also not given prompt action by the court and the Misc appl is still lying pending in the court. The opposite party is not stopping for the breaching the violations.
So what are the ways to get the perpetual injucntion and how the proceedings will be commenced.
In which direction I will have to proceed to get the speedy trial and interims order.
Perpetual Injunction
We have a ancestral property in which we are the legal coparceners. We filed an declaration with permanent injucnction suit against other legal coparceners for destruction of property and disposing of the property. The court gave an temporary injuction only and issue notice to other parties in Aug 08. Notice served and W.S filed in Sept 08. After that each time the court was giving 30-45 days extend of the temporary stay again and again on each dates. On dated 8-July-09 I requested to court to grant perpetual injuction but the Ld tribunal refused that after the arguments of both parties counsel only I 'll think to give it or not. I said please give this because the suit will be continued up to many years and in long proceedings.
A fresh suit of 'contempt application with Damages' filed in Aug 08 which also not given prompt action by the court and the Misc appl is still lying pending in the court. The opposite party is not stopping for the breaching the violations.
So what are the ways to get the perpetual injucntion and how the proceedings will be commenced.
In which direction I will have to proceed to get the speedy trial and interims order.