Difference in consequential relief and permanent injunction
amol
(Querist) 05 April 2019
This query is : Resolved
Dear Expert, I need your help.
Property is situated in Maharashtra Pune district region.
A and B two cousin acquired property jointly from both there self earnest money equally 20 years back.
A and B each has 1/2 share in the property. But 3/4th share of property is possessed by B and 1/4 share in property is possessed by A.
B is doing from last 8 days some changes in internal structure of 3/4th share possessed by him without A's consent. B also planning to give his some portion/part in 3/4th share property possessed by him on lease after the completion of structural changes.
B published an advertisement in the newspaper regarding the rented propery on lease.
A's a lawyer now suggested to file suit for requesting a permanant injunction with suit of partition and possession.
A will file Either suit for partition, possession and "consequential relief" of permanent injunction OR suit for partition, possession and permanent injunction.
Query is:
Q. What is the difference between consequential relief of permanent injunction and just only permanent injunction in partition suit?
Q. What is the meaning of consequential relief and is there any prime importance or mandatory to it include in partition suit?
Q. Is there more stamp duty need to pay for consequential relief of permanent injunction instead of just only word permanent injunction in partition suit?
KISHAN DUTT KALASKAR
(Expert) 05 April 2019
Dear Sir,
As for as Karnataka State is concerned permanent injunction suit requires payment of only fixed fees. Whereas suits for other reliefs with consequential relief of permanent injunction invites more Court Fees. Consequential injunction means apart from main relief you are claiming relief of permanent injunction as additional/consequential relief.
amol
(Querist) 05 April 2019
Dear Kishan Ji Sir,
Thank you for the information sir.
Dear Expert,
For partition suit we will pay court fee on 1/2 share of property market value.
In Maharshtra state other than market value court fee, Is there extra court fee we need to pay for consequential relief ?
Is it necessary/mandatory to include word "consequential relief" with permanant injunction in partition suit or only permanant injunction word is suficient? Any pros and cons for not inclusing word "consequential relief" in Maharashtra sate.
Sb Karma
(Expert) 31 December 2019
The word will decided by Honorable Court itself by seeing facts of the case and judgement....and yes you may need to pay fees vary from case to case....
So it will be best to get help from local lawyer he will assist you best
