injuction &summary suit

Ashvin Khambhata (Querist) 06 March 2011 This query is : Resolved
Dear Sir
At the time of filling summary suit ,can i file an ad interim injuction application to restrain the property from selling etc

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Dayananda Gowda (Expert) 06 March 2011
It is not compulsory. But if they are trying to alienate the property you may file the IA to restraining from alienation.

adv. rajeev ( rajoo ) (Expert) 07 March 2011
yes you can.

G. ARAVINTHAN (Expert) 07 March 2011
if you came to know that they will sell property to third parties or even taking steps, then the same can be restrained by getting an application for injunction

Silabhadra Sastry Advocate (Expert) 07 March 2011
Dear Aswini you can file a petition u/o 39 rule 1 & 2 read with u/s 151 CPC asking for injunction,but you must satisfy the court that apart frpm alleanating the suit property the opp.party is also going to change the nature and caracter of the suit propertry which can not be compensated in any manner.more over you must plead your balance of convinience,irreparable loss

Uma parameswaran (Expert) 07 March 2011
Yes . You can file.

Advocate Bhartesh goyal (Expert) 07 March 2011
Brttrr you file application uner o 38 rule 5 {attachment before judgment} of C.P.C instead to file interim injunction application.

Surrender K Singal (Expert) 07 March 2011
O.39 R.1&2 and O.38 R.5 could be invoked alternately, too;

Sri Vijayan.A (Expert) 15 March 2011
I agree with Mr.Bhartesh

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