Temporary injunction
adv.durgadas k.kulkarni
(Querist) 14 April 2013
This query is : Resolved
R/Sir,
Suit has been filed on 22nd March 2013.
Both plaintiff and defendant have argued their respective case before CJJD below an application for temporary injunction on 4th April 13.Then matter posted for an order on 10th April 2013.On posted date an order has not been passed and Court again posted matter on 18th June 2013.
Their is apprehension to the plaintiff about dispossesion by the hand of defendants. Therefore he wants protection from Court.
At this stage which step should take by the plaintiff?
Advocate M.Bhadra
(Expert) 14 April 2013
On 18.6 2013 the Plaintiff can file a Petition u/sec.151 CPC.In the mean time the plaintiff can lodge a complaint to the Police and file a case u/sec.144 Cr.P.C. in Magistrate Court.
Sec. 144 Cr P.C.--- Power to issue order in urgent cases of nuisance or apprehended danger.
(1) In cases where, in the opinion of’ a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material fact of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, or an affray.
(2) An order under this section may, in cases of’ emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex-parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof:
Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any, affray, it may by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the faid notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate Subordinate to him or by his predecessor-in-office.
(6) The State Government may either on its own motion or on the application of any person aggrieved, rescind or alter an order made by it under the proviso to sub-section (4).
(7) Where an application under subsection (5), or sub-section (6) is received, the Magistrate, or the State Government, as the case may be shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part he or it shall record in writing the reasons-for so doing.
R.K Nanda
(Expert) 14 April 2013
agree with expert
Devajyoti Barman
(Expert) 14 April 2013
Ask the court to pre-pone the date of hearing.
Raj Kumar Makkad
(Expert) 14 April 2013
This is not a big problem. You can seek pre-ponement of the hearing and may go ahead as desired.
