Clarity on injunction
Dr Sunny MP .
(Querist) 10 May 2024
This query is : Resolved
Greetings!
Please accept my heartfelt thanks to all those members of this forum in helping/guiding/clarifying my previous questions which indeed helped me in filing for an injunction.
Basis your guidance I have already filed an injunction in the sessions court to protect my property from trespassers on April 24, 2024. I am little confused with the findings as appearing on the online status . I seek your help for my understanding of the meaning:
1) Status says "SUMMONS FOR DISPOSAL OF SUIT" (Please help with the meaning)
2) Does it mean that my suit is rejected!
3) Will I stand any chance of getting an INJUNCTION !
Thank you in anticipation.
Warm regards,
Dr Sunny MP
T. Kalaiselvan, Advocate
(Expert) 10 May 2024
It is a regular suit, once the court has taken the case on its files then the court will send summons to the defendant.
The defendant after receiving the summons have to file their written statement.
Then the case will be posted for trial and on conclusion of trial the court will pass judgment.
You will come to kn ow only at that time that whether you have got a judgment in your favor or not, it will take years to arrive to that stage, hence do not be in a hurry to know about the results now itself
Dr Sunny MP .
(Querist) 10 May 2024
Thank you once again for the quick and candid response Sir...
I guess my attorney mis lead me!
he claimed it's only for formalities the summons will be issued and explained that I'll get the injunction on the next date :(
But the defendant has no papers to claim that the property or portion of the property belongs to him! how would it work sir?
Warrm Regards,
Dr Sunny MP
T. Kalaiselvan, Advocate
(Expert) 10 May 2024
Please note that if it is a suit for permanent injunction then there will be an application for interim injunction too.
The interim injunction application would be decided first and if court is convinced about your case, it may grant temporary injunction restraining the defendant till disposal of suit.
If no application for temporary or interim injunction had been filed then you may have to contest the main suit which will run for at least two years or more irrespective of the fact that the defendant is not having any documents to object o your injunction suit.
A suit has to undergo trial as per procedures of law and the time taken for disposal after observing entire process of law would be two years or more provided the defendant is contesting it.
If you suspect the integrity of your advocate nothing prevents you from changing the advocate for conduct of the case in furtherance.
Dr Sunny MP .
(Querist) 10 May 2024
Thanks once again Sir for the quick response.
We have filled for temporary injunction.
Thanks once again.
P. Venu
(Expert) 10 May 2024
What is the case No.? Which Court?
T. Kalaiselvan, Advocate
(Expert) 11 May 2024
You are again not in the proper knowledge of the case filed before court.
A suit canot be filed for temporary injunction, in a suit for permanent injunction an application can be filed seeking temporary injunction.
You clarify the details properly from your advocate.
Dr Sunny MP .
(Querist) 11 May 2024
Thank you for enlightening me Mr. Kalaiselvan.
A) I've also put this property for sale. Will it have any problem due to the suit.. seek advise please
B) Will it be possible to withdraw the suit! What be your advise please
Warm regards,
Dr Sunny MP
P. Venu
(Expert) 11 May 2024
You are, I am afraid, evading the facts.
Dr Sunny MP .
(Querist) 11 May 2024
Dear Mr. Venu,
I'm not evading or hiding any facts here.
I ve been honest as far as possible.
What made you to think that, i'm avoiding facts!?
Thanks and regards,
Dr Sunny MP
T. Kalaiselvan, Advocate
(Expert) 12 May 2024
You have filed a suit for permanent injunction against the intruders restraining them from interfering in your possession and enjoyment.
Hence there is no restriction on you to sell your own property.
You can decide to withdraw the suit at the time of executing the registered sale deed in favour of the prospective purchaser.
P. Venu
(Expert) 12 May 2024
"Dear Mr. Venu, I'm not evading or hiding any facts here. I ve been honest as far as possible. What made you to think that, i'm avoiding facts!? "
If so, what prevents you from posting the particulars of case, allegedly filed? This is all the more relevant in the light of your allegations against your advocate. It is quite often found that such allegations are too wild because of the unfamiliarity with the nuances or the finer aspects of the judicial proceedings.
Please note that, just as before a medical professional, those seeking legal assistance/advice need to make complete and dispassionate disclosure of the material facts. Then and then only, any objective and meaningful suggestion is possible.
Dr Sunny MP .
(Querist) 12 May 2024
Thanks for the candid response Mr.Kalaiselvan.... your candid answers do bring clarity...
Thanks once again.
I shall close my queries as resolved.
Thanks once again sir...
Warm regards,
Dr Sunny MP
T. Kalaiselvan, Advocate
(Expert) 12 May 2024
Thanks for your understanding, you may proceed as suggested.
You may obtain a second opinion from a different advocate too if need be, and be safe before venturing into any misconceived notion
