Temporary injunction
mohit
(Querist) 17 January 2015
This query is : Resolved
hi Sir/Madam
Can a court while passing order in declaration suit can take temporary injunction as a ground where the injunction granted in another case between the parties???
ajay sethi
(Expert) 17 January 2015
state facts of your case
mohit
(Querist) 17 January 2015
Ajay Sethi Ji, there is a dispute between the parties regarding the common passage( petitioner- current residential plot owner, Defendant- who sold that land in parts). effected party filed a case for permanent and mandatory injunction before the civil court. There is a another case for permanent injunction was filed by the defendant, in which a temporary injunction is passed by another court.
Court while passed the order in first case referred that temporary injunction in its final order and dismissed the claim of the petitioner. (one more argument of the petitioner is 'easement of necessity' to approach their house but the court not accepted the same and said that there is one more alternate passage to approach the houses which is from the Railway Authority land)
can we access the railway passage permanently???
as per my opinion that is illegal access as per the railways act..... please guide
Devajyoti Barman
(Expert) 17 January 2015
If there is private land to access your property then you will have get thal land only than the railway land.
Rajendra K Goyal
(Expert) 17 January 2015
Agree with the expert Devajyoti Barman.
Advocate Bhartesh goyal
(Expert) 17 January 2015
No ,unless the prayer for permanent injuction has been made in suit
mohit
(Querist) 20 January 2015
sir, is there any case law dealing with the issue?????
