Refusal of injunction.
Ramesh
(Querist) 03 September 2013
This query is : Resolved
Respected Experts of the forum,
I am fighting a partition suit with my brother. *Ist Addl. District & sessions Judge of the district court granted interim injunction pending trial of the main suit. On this the respondents appealed to High Court and managed in deletion of some property,the High court allowed the appeal PARTLY to the extent of 4 properties only.
Now my problem is ,on finding some third party constructing a House in SUIT( Which is under Injunction, as detailed above) property, without valid ownership ( with cooked up documents, which they submitted to the Ist Addl. District & sessions Judge court ), i approached the Ist Addl. District & sessions Judge for stopping the construction. But ,Respondents managed the court and i could not get any relief. Then i filed CMA in HIGH COURT.Even here the HC Bench ,without seeing the respondents claim of the owners ship; taken a view that Construction work cannot be stopped at this stage ( Only frame work of Building is in progress) but instructed the Respondents not to claim the Building if they loose the case in session court (ie Ist Addl. District & sessions Judge court).
Would the EXPERTS of the forum, kindly tell me the view taken by the COURTS is right if yes, please GUIDE me with alternatives i have?
Thanking you ALL.
Nadeem Qureshi
(Expert) 03 September 2013
Dear Ramesh
you can easily bear the consultation fee of a lawyer, contact a lawyer personally with all the documents or contact over the phone.
R.K Nanda 
(Expert) 03 September 2013
consult lawyer personally.
Devajyoti Barman
(Expert) 03 September 2013
going to the supreme court is the only option left now.
Seeing your case, I think you have good merit in it,
Rajendra K Goyal
(Expert) 04 September 2013
under the given facts, Apex court should be approached through SLP.
