Permanent injunction
basavaraj shiromani
(Querist) 11 December 2012
This query is : Resolved
Aswini and Balu are sister and brother. Brother relinquished his rights over the landed property in the name of his Sister by way of family arrangement. Accordingly her name has been entered in the record of rights and since 7 years she is in possession of the property. By this year she has grown up sugarcane which has come nor for harvesting. Now Balu threatening his sister to retransfer the said land in his name otherwise he threatns to destroy the standing crops. Aswini filed a suit for injunction against his brother and exparte TI also claimed. but the court issued an emergent notice. Under these circumstances what the remedy is available to Aswini to protect her crops from her brother ?
Raj Kumar Makkad
(Expert) 11 December 2012
Notice is a legal requirement to the opponent. if the interim injunction order is passed by the court in the presence of the opponent, it shall also be good for the petitioner sister.
The plaintiff can also get appointed local commissioner who can provide the ground reality and thereafter the court can take the decision accordingly considering the report of the local commissioner.
Advocate M.Bhadra
(Expert) 11 December 2012
If the court is prima-facie of the case would not granted the Injunction under order 39 rule 1 and 2, then the plaintiff can file an application under sec 151 CPC for ad-interim/temporary Injunction.He may seek alternative relief u/sec. 144 of Cr.P.C. in Magistrate Court.
prabhakar singh
(Expert) 11 December 2012
She may file appeal/revision against exparte refusal of injunction or await for meritorious disposal.
ajay sethi
(Expert) 11 December 2012
generally courts insist on issue of notice to opposite party before passing interim order . after service of notice to other side court can pass order restraining brother from interfering with posession of land lying with the sister .
press for maintenance of status quo pending hearing and final disposal of application
Raj Kumar Makkad
(Expert) 11 December 2012
The possibilities of ex-parte interim injunctions is very bleak nowadays and court has merely followed the procedure in your case and there is no illegality in its order so no need to adopt other means at this stage rather try to ensure the notice to the opposite party.
Advocate Bhartesh goyal
(Expert) 11 December 2012
