exparte temporary injunction.
Querist :
Anonymous
(Querist) 02 November 2010
This query is : Resolved
the judge admitted & passed a injunction not to alinate the property against us without hearing our side of the case. we did not even get a legal notice about the same, please advice.
R.Ramachandran
(Expert) 02 November 2010
There is no need for any legal notice, when the case has been filed in the Court and the Court has passed the injunction against you. If you have any points, you can submit your version to the Court and seek vacation of the injunction.
adv. rajeev ( rajoo )
(Expert) 02 November 2010
It is ex-parte order passed by the court on an application filed by the plaintiff along with the plaint.Court has got power to pass an ex-parte order if plaintiff prove that he has got prima facie case and balance of convinience lies in his favor
You can resist this order after appearing in the suit by filing the objections to an IA
Querist :
Anonymous
(Querist) 02 November 2010
they have filed a partition petition asking for their mothers share of property, their mother migrated to pakistan in 1948, they are all citizens of pakistan except one who is married to a indian citizen. the partition of the property was done in 1967.they have filed a case on oct 2010. what is our posotion according to you,kindly specify.
Kirti Kar Tripathi
(Expert) 02 November 2010
I agree with experts, in case, the court considered that the plaintiff have prima fecie case and balance of convenience also lies in his favour, it can issue ex-parte injunction. You can appear and pray for vacation of injunction by filing of objection stating therein your grounds. in case, you satisfied the court, the injunction would be vacated.
Devajyoti Barman
(Expert) 02 November 2010
Such orders are permissible.The order 39 rule 1&2 of cpc prescribes for such order.
