Injection on property in civil suit
Balaji Bakthavathsal
(Querist) 02 April 2012
This query is : Resolved
What is the procedure followed by the court while granting injection on a property ? A lady who is no way related to the property, filed a partition suit and applied for an IA seeking an injection and the court too granted the injection while the suit is still pending. The lady does not have any proof to prove that she is one of the legal heir. I wonder how the court granted her the injection without verifying any documentary evidence that she is one of the legal owner while the property is in possession and occupation by the genuine owners who came to know very late about the injection obtained by the fraudulent lady! Can the learned lawyers clarify and suggest solution for this?
Thanks & Regards
ajay sethi
(Expert) 02 April 2012
if prima facie case is made out balance of convenience lies in favour of party seeking injunction court grants interm reliefs . cort must have passed a reasoned order . if aggrived file appeal .
Nadeem Qureshi
(Expert) 02 April 2012
Dear Querist
I agree with Mr. sethi