Opposing of permanent injuction order
varma
(Querist) 07 April 2015
This query is : Resolved
Sir, I have filed in lowercourt regarding Title declaration & delivery of possession on 1 acre land on my paternal uncle in year 1986.But lower court dismissed my case in year2000.In year 2000,I prefer appeal in Highcourt.During pendency of appeal,I have filed temporary Injuction on 1 acre land against my paternal uncle and same is granted(Status quo) and high cout also made Status quo absolute after contesting of my paternal uncle on year2000.During pendency of this appeal,my uncle on year2004 he again sold 1 acre land to 10 members and we have made these 10 members also parties and court has granted Status quo also.In year 2014,again parcel part of subject property is aliegnated to 2 members.This time,I again implead these 2 members and court notice also served.These 2 members also kept lawyer and my main suit is pending in high court. one member out of these two,started house construction stating that on his name status Quo is not granted by High court.He also filed in lower court praying temparary injuction aginst me not to interfere to stop his building working activities and permanent injuction against me not to disturb his occupation of his house.
1)Sir,plz tell whether lower court has juridiction to allow this suit and to to conduct the proceedings which the lower court suit proprty is same subject matter of parcel and part of High court appealsuit property between same parties 2)can lower court give any orders when same subject matter between same parties is already pending as appeal in high court.
3)please tell what section, i can dismiss the case at entry level in loer court
adv. rajeev ( rajoo )
(Expert) 07 April 2015
Without going thru., all the case papers it is not possible to advice you properly.
Rajendra K Goyal
(Expert) 07 April 2015
Consult local senior lawyer dealing in property cases and show him all the documents / case file.
Devajyoti Barman
(Expert) 07 April 2015
no proper advice can be given without seeing the case papers.
