injunction in case courts are off due to festival vaccations
Krish
(Querist) 25 December 2010
This query is : Resolved
i am living in an intestate three storied house on teh ground floor,of my mother owened property.she expired in 2005.my father expired in Feb 2010 &my elder brother expired in Aug.2010,We were two legal hiers and have no sister,his widow resides on the 1st floor of the house along with her two children .Now she is giving the 2nd floor for rent without my consent ,the staircase is common for 1st & 2nd floor,and it is seprate form ground floor.If i go for injunction the Courts are off till 1st January due to festive vaccations.Can i stop her to letout the property?Is there any spl court for the Injunction>plese help me.
B K Raghavendra Rao
(Expert) 25 December 2010
There shall be special sittings of some courts what is called vacation benches. They would take up only urgent matters. Yours is not an urgent matter and therefore, in all likelihood, it would not be taken up by the vacation bench.
To prevent letting out of the premises, you may advise the incumbent tenant to resist from occupying the premises for the reasons you contend. If necessitated, you may even cause a legal notice. You cannot do anything other that these legal steps.
R.Ramachandran
(Expert) 25 December 2010
Dear Mr. Krish,
Even during vacations you can get interim orders since the vacation bench sits.
You have to really consult a lawyer for doing this. Needless to say, you cannot do this yourself. Consulting a lawyer would definitely involve money. While the answers being given in this LCI would help you to gain knowledge, the court actions will happen only through a lawyer (especially when you are not that clear and capable to put in personal appearance in your case and win too.)
Advocate. Arunagiri
(Expert) 25 December 2010
Well advised by experts. Take the help of the local lawyer.
Kirti Kar Tripathi
(Expert) 25 December 2010
yes, i also agree with the views of my learned friends.take help of local lawyer.
