Injunction.(co owner)
Querist :
Anonymous
(Querist) 11 August 2020
This query is : Resolved
My mother and her brother(uncle) bought land property jointly which is undivided. This land which is vacant has been bought from each of their own funds. 2 years back my uncle filed for injunction against my mother to restrain her from selling her part of the undivided share. High court had stayed the proceedings of the injunction suit. Till date the stay is in force. Our view is that co owner cannot be restrained from selling his or her undivided share of the vacant land property on which high court has stayed the proceedings. Now since my uncle is not able to vacate the stay, so he has freshly filed a pre-emption suit for the same property and has again asked for the interim injunction in the district court. Now can for the same property where the high court has stayed the injunction proceedings in the co owner case - can the other party file an suit for pre emption and again ask for temperory injunction??? my uncle through a different case is trying to get the same outcome of injunction??? Is this legally allowed or is it barred?
Rajendra K Goyal
(Expert) 12 August 2020
Your lawyer should oppose the move and get it dismissed on the ground of the High court orders.
Any fruitful opinion can be formed / advised only after going through full case file which may be having about 1 Kg. or more of papers. Discuss in detail with your lawyer.
P. Venu
(Expert) 12 August 2020
What is the circumstances under which the High Court has stayed the proceedings in the suit?
Moreover, is preemption legally sanctioned by the local laws? Please examine.
niranjan
(Expert) 12 August 2020
it seems that both suits are on different cause of actions, however under the guise of new suit,HC order cannot be flouted and put this to the notice of trial court in subsequent suit.
Dr J C Vashista
(Expert) 13 August 2020
When the suit for partition is pending before adjudicating (lower) court, how did your uncle approach and got injunction (stay) order from High Court against your mother restraining her to sell the suit property, which is stated to be undivided ?
Unbelievable statement or vital facts have been concealed by the author, who prefers to remain "Anonymous".
Querist :
Anonymous
(Querist) 13 August 2020
Sir - there is no partition suit - it is my mother who got the stay against my uncle. Request you have a relook @ my query
P. Venu
(Expert) 13 August 2020
Why don't you furnish the information that has been sought?
Querist :
Anonymous
(Querist) 13 August 2020
All information available clearly in my query
Shilesh Patel
(Expert) 13 August 2020
Mr.anonymous you're lacking with legal knowledge. it's better to discuss clear material facts with all papers with the local lawyer.
Rajendra K Goyal
(Expert) 13 August 2020
From the information provided, it is difficult to form an opinion. Full case file has to be referred, discuss with some local lawyer or mention clear facts in detail.
P. Venu
(Expert) 13 August 2020
More than the documents, the author appears to be ill-informed of the basic concepts as to law and procedure.
