Dispossession during injunction suit
Naresh Kudal
(Querist) 13 September 2011
This query is : Resolved
During pendency of perpetual injunction suit plaintiff got dispossessed by defendent. Application for Temp. Injunction is pending. Commissioner report shows prior possession of plaintiff. Then what is the proper remedy for plaintiff to get back the possession. Please tell with related law and citation.
prabhakar singh
(Expert) 14 September 2011
An application along with affidavit under section 151 C.P.C should be moved to restore status quo anti as it was on the date of suit as defendant have taking benefit of situation of non issue of exparte interim injunction and issue of notice thereon to him, has illegally tried to change the balance of convenience in his favor which was not with him on the date of suit,hence equity and justice demands restoration of possession in favor of plaintiff.
Naresh Kudal
(Querist) 15 September 2011
Thanks to all experts
