permanent injuction against co-sharer
vinod bansal
(Querist) 19 August 2009
This query is : Resolved
R/Members
We are four brothers having a joint possession in a old house,that house is consisting two rooms & presently is vacant,my three brothers wants to demolish that old house & further wants to construct a new house their on whole land without my consent.that house is not partioned,i have filed a suit for permanent injuction praying for restraing my brothers not to demolish the house n not to disturb my possession on 1/4 share of the house.I have listen that court cannot passes an order of injuction against co-sharer,i want some citation for permanent injuction to restrain the defendants from demolishing joint house(property).kindly help,thanx Regards
Deekshitulu.V.S.R
(Expert) 20 August 2009
It is not a blanket rule that injunction cannot be issued against a cosharer. If the property is in danger of being wasted, destroyed, the court will always, exercise it's jurisdiction to safe guard you
