Suit relief and interlocutory application relief
G.Nagarajeshwar Rao
(Querist) 30 March 2011
This query is : Resolved
Hello!
I have filed a suit for cancellation of sale deed. Interlocutory application is filed for the relief of not to alienate the property involved in the sale deed. The presiding officer taking objection that the relief should be mentioned in the suit, such as in the injunction suit injunction application is maintainable. How the injunction petition is maintainable without paying court fee for the relief of injunction in the main suit? In-fact we know that in the partition suits the injunction petition can filed for not to alienate the schedule properties. The suit for cancellation of register sale deed for certain reasons, is it not maintainable in such suit an injunction petition for not to alienate the property covered under the sale deed which is in question without asking relief of injunction in the main suit. please clarify and if there are any citations kindly be guided me. With regards gnrsharma@gmail.com , mobile: 9849458545
Advocate. Arunagiri
(Expert) 31 March 2011
It is not necessary to include the IA prayer in the suit prayer.
IA has to be decided on its merits. Consult an advocate, he will help you.
G.Nagarajeshwar Rao
(Querist) 31 March 2011
Arunagiri Sir! I am an advocate, I know that the suit prayer need not include the I.A. prayer. But some officers to harass the advocates to satisfy their egos taking the objections like as mentioned by me. The officer [judge] is asking for any citation on that aspect. Therefore I am in need of any such citation. [I know that for each and every silly doubt, there will not be citations] but our fate such judges are posting in muffusil courts by the Hon'ble High court of A.P.
barun deka
(Expert) 31 March 2011
i am afraid i have to disagree with my friend here.... it is by now a settled principle that no temprary injunction can be granted unless there is a prayer for permanent/perpetual injunction in the main suit...
Refer to 1998 (1) GLT 137, 1997 (1) GLT 282
However i do remember coming across a contrary ratio in some judgment, i shall look up and get back
Advocate. Arunagiri
(Expert) 31 March 2011
I will try to get a citation for you in few days. Our friends in this forum will also help you.
