Pls help..in trouble
dinesh gupta
(Querist) 06 April 2013
This query is : Resolved
hello guest
i m defandant in a injunction suit...judge has passed order against me and in favour of plantiff as the question is the sewage on platiff house from our floor..we live above her floor in same building...
nw what remedy is available with me? my advocate dnt share things with me..i wl change him?nw is case over? can i file appeal or revision? nw what can plantiff do,order is in his favor? pls help..
pls also helpy we ask for ex-partee injunction on aplication of o39r1and 2 application with injunction suit? thanks
ajay sethi
(Expert) 06 April 2013
ask for copy of order passed by court . sit with your lawyer and undertsand the reasons behind the order . you cna go in appeal agianst the order . you cna always change your lawyer
Devajyoti Barman
(Expert) 06 April 2013
Challenge the order and consult with other lawyers to explore the possible avenues.
Raj Kumar Makkad
(Expert) 06 April 2013
Case is not over just on passing the order over the application under order 39 Rule 1 & 2 read with section 151 of CPC rather this is just disposal of an interim application. Case shall run now.
If the injunction order hits your interest, you can definitely challenge it before the court of District Judge within 30 days of its passing.
If you are not satisfied with your lawyer, immediately change him and file appeal through a new lawyer of your choice so that fresh mind be applied thereto.
R.K Nanda
(Expert) 06 April 2013
contact local lawyer.
dinesh gupta
(Querist) 06 April 2013
raju kumar makkad sir...u said this is disposal of interim application...nw what left in suit? plantiif got what he wants...nw i have 30 days to file appeal?if rejected? what then? again appeal in high court? what time limit
dinesh gupta
(Querist) 06 April 2013
dear guest , i wll change my lawyer..but let me understand concept...in injunction suits..there are 2 orders.order of interim aplication and suit? whats diiffrence?plantiff ask for ex-partee decree in interim application? what this mean?how to decide v should ask temorary and permanent injunction both in suit? can in any case palntiff ask 4 only permanent injunction?
Raj Kumar Makkad
(Expert) 07 April 2013
If interim application has been dismissed then the appeal within the prescribed limit is the only remedy and the second appeal can be filed within 90 days thereto.
Sudhir Kumar, Advocate
(Expert) 07 April 2013
repeated at http://www.lawyersclubindia.com/experts/Pls-help-383761.asp
V R SHROFF
(Expert) 07 April 2013
"the question is the sewage on platiff house from our floor.."
This being unhygienic, and it justify her right , as leakages from your house dropping to her house, it is necessary to stop further nuisance and damages to building, and I believe, you must respect the court order.
Live and Let Live happily and peacefully, instead of taking disadvantage of Legal Procedures.
Don't Delay the Justice.
Do your duty as a good neighbour, and good citizen.
You may be wasting money and time after Lawyers and Court Litigation , and harming other's right to reside in healthy hygienic home.
Imagine , you are on lower floor to her?? , and water leaked on your head??
M V Gupta
(Expert) 07 April 2013
I agree with the observations of Mr.Shroff. Interim reliefs are granted on the the basis of balance of convenience in the facts and circumstances of the case. In ur case the balance of convenience is in favor of the Plaintiff as observed by Mr. Shroff. No use of going in appeal. Comply with the orders of the court and save urself of unnecessary costs of litigation..
Raj Kumar Makkad
(Expert) 07 April 2013
If the query is repeated then none of us should have attended.
