Temporary Injunction

Querist : Anonymous (Querist) 05 June 2010 This query is : Resolved
R/Experts,
I have filed civil suit claiming injunction and possession by removing encroachment of defendant over the suit land.Defendant encroached plaintiff's as well as Government's land and constructed hotel on it.Now he demolishing his hotels old construction.Plaintiff restrained him by filing suit,civil court granted status-quo.Now matter is for hearing on T.I. petition.Defendant took stand that he never encroached upon plaintiff's land so why plaintiff raising question when land is of Government?Defendant taking stand that plaintiff has no right to restrain defendant upon the Government land.
Can anybody tell me whether neighbour has right to restrain encroacher though that land is of Government?If yes,please give me some rulings of Hon'ble Apex Court.

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Kiran Kumar (Expert) 06 June 2010
why dont you introduce Govt. as one of the parties to the suit?

Arvind Singh Chauhan (Expert) 06 June 2010
I do eager to know the answer, what the Mr anonymous is asking. Whether third person or neighbor has locas standie ? in such matter, specially when the govt, counsel collueds with defendant.

B K Raghavendra Rao (Expert) 06 June 2010
What is your status, how are you connected to the case when you say Plaintiff and Defendant are already there in the suit. How can you seek injunction when you are nobody?

Surrender K Singal (Expert) 06 June 2010
Better follow RT route to obtain information about the title of the encroached land and asking as to what steps are intended to be taken by the Govt authorities to recover such encroached land

Uma parameswaran (Expert) 06 June 2010
Make government as party.

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