Limitation of mandatary injunction
GANGAM.RAJENDER.
(Querist) 13 November 2013
This query is : Resolved
sir the trial court granted the mandatary injunction(PLAINTIFF FAVOUR )
.article 135 limitation act says that "FOR THE ENFORCEMENT OF A DECREE GRANTING A MANDATARY INJUNCTION THE LIMITATION PERIOD IS THREE YEARS"
Q1.AFTER THREE YEARS THE DEFENDANT CAN FILE FOR FRESH INJUNCTION .
Q2.AFTER SIX YEARS PLAINTIFF CONSTRUCTING THE FENCE TO THE SHEDULE PROPERTY.AFTER SIX YEARS THE PLAINTIFF HAS THE RIGHT TO CONSTRUCT THE FENCE BY SUPPORT OF POLICE.
Q3.AT THIS STAGE DEFENDANT WHAT TO DO?
Q4.SUIT IS PENDING ON THE TRIAL COURT ONLY THE PLAINTIFF SIDE EVIDENCES ARE OVER .
THANK YOU SIR.
Raj Kumar Makkad
(Expert) 13 November 2013
The plaintiff has got no right to change the nature of the property during the trial of the suit. Defendant can bring this fact to the knowledge of the court and can even seek vacation of stay order by way of filing the appeal thereto.
GANGAM.RAJENDER.
(Querist) 14 November 2013
THAMK YOU RAJ KUMAR MAKKAD SIR.
respected experts ,please provide the supreme court or high court(a p or any)judgments related to limatation act.
Q1.APPEAL PREFER TO DIST COURT OR HIGH COURT AND WHAT SECTIONS ORDER AND RULE IN CPC.
Q2.BY WAY OF MEMO IS ENOUGH TO THE COURT FOR KNOWLEDGE RELATING TO NATURE OF PROPERTY ISSUE.
THANK YOU SIR
Raj Kumar Makkad
(Expert) 14 November 2013
Most welcome from your side.
The appeal is to be filed before District Court and memo is enough.
We do not provide the relevant judgments.
GANGAM.RAJENDER.
(Querist) 14 November 2013
THANK YOU RAJ KUMAR MAKKAD SIR.
thank you sir
Raj Kumar Makkad
(Expert) 15 November 2013
You are most welcome for you appreciation.
