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Advice to file suit for recovery

(Querist) 11 October 2014 This query is : Resolved 
I filed suit for mandatory injunction reg. enroachment of my property which was
dismissed citing limitation [only 3yrs to file suit], I filed appeal in district
court,
now pl. advice can I file a fresh suit
for recovery of possession ,appeal filed by me is pending now can I file recovery of possession suit in civil court.
ajay sethi (Expert) 11 October 2014
suit simpliciter for injunction is not maintainable . did you not seek any declaratory reliefs?what were the reliefs claimed by you . if suit has been dismissed on grounds that it is barred by limitation you cannot file fresh suit
Rajendra K Goyal (Expert) 11 October 2014
Without going through the case file nothing positive can be advised. Consult local lawyer.
Dr J C Vashista (Expert) 12 October 2014
Incomplete informations cannot be opinioned correctly. Show relevant documents to a local lawyer for proper/ professional advise on the subject.


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