Interim temporary injunction

Querist : Anonymous (Querist) 24 December 2009 This query is : Resolved
In a suit for specific performance of an agreement of sale of immovable property, can we seek for the relief of temporary injunction, restraining the defendant not to alienate the schedule proeprty during the pendency of the suit proceedings , without seeking for the relief of permanent injunction in the main suit. Please give for/against Judgments

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Srinath Kondapally (Expert) 24 December 2009
Yes, can seek interim injunction order without seeking permanant injunction

Guest (Expert) 25 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE SUBJECT MATTER KINDLY NOTE THAT.

1.THERE ARE SC.CITATIONS REGARDING THE FACT THAT YOU SHOULD HAVE PRAYER FOR PERMANENT INJUNCTION IN YOUR MAIN APPLICATION AND UNLESS YOU HAVE SAID PRAYER YOU CAN NOT SEEK TEMPORARY INJUNCTION.

BUT KINDLY NOTE THAT DIFFERENT CITATIONS ARE AVAILABLE.YOU MAY STRONGLY ARGUE ON THE POINT OF IRREPAIRABLE LOSS CAUSE TO YOU IN CASE TEMP.INJUNCTION IS NOT GRANTED THEN COURT MAY CONSIDER THE SAME.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERLY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

Raj Kumar Makkad (Expert) 25 December 2009
yes. why not. Generally such prayer is made by way of a separate application in such type of cases.

adv. rajeev ( rajoo ) (Expert) 31 December 2009
Yes you can.

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