Perpetual Injunction
Kumar Krishan Agarwal Advocate
(Querist) 09 July 2009
This query is : Resolved
We have a ancestral property in which we are the legal coparceners. We filed an declaration with permanent injucnction suit against other legal coparceners for destruction of property and disposing of the property. The court gave an temporary injuction only and issue notice to other parties in Aug 08. Notice served and W.S filed in Sept 08. After that each time the court was giving 30-45 days extend of the temporary stay again and again on each dates. On dated 8-July-09 I requested to court to grant perpetual injuction but the Ld tribunal refused that after the arguments of both parties counsel only I 'll think to give it or not. I said please give this because the suit will be continued up to many years and in long proceedings.
A fresh suit of 'contempt application with Damages' filed in Aug 08 which also not given prompt action by the court and the Misc appl is still lying pending in the court. The opposite party is not stopping for the breaching the violations.
So what are the ways to get the perpetual injucntion and how the proceedings will be commenced.
In which direction I will have to proceed to get the speedy trial and interims order.
adv. rajeev ( rajoo )
(Expert) 09 July 2009
When WS is filed why dnt u press for the framing of issues, so you can commence the evidence.
a.manoharan
(Expert) 09 July 2009
you yourself admitted that you filed a declaration with permanent injucnction suit against other legal coparceners for destruction of property and disposing of the property and The court gave an temporary injunction only and issue notice to other parties in Aug 08. Even this is great achievement. Because , the ex-parte injunction - ad interim injunction under O 39 R1 &2 - should be decided within 30 days . But, for the last 1 year it has not been vacated. It may be due to judge's good intention and broad minded due to you are a budding lawyer . Notice served and W.S filed in Sept 08. After that each time the court was giving 30-45 days extend of the temporary stay again and again on each dates. Suppose, if the court vacated the said injunction , what can you do. so, please , keep mum . you said please give this because the suit will be continued up to many years and in long proceedings.
Why you have filed filed a fresh suit of 'contempt application with Damages' filed in Aug 08 which also not given prompt action by the court .Because , you could have filed an I.A. in the same suit. It is your fault. How the Misc appl is still lying pending in the same court. Is the bias not applicable? Please , as my hard words, even for your own case , you are not thorough in legal aspects. HOw will you solve other's problem ?
File 'contempt application with or without Damages' in the same suit in the same court . I hope that all seniors agree with me. Am i correct or not?
V.S.R.Deekshitulu
(Expert) 10 July 2009
Yes Mr Manohar
Basically Perpetual Injunction comes after a full trial. What we get in the application of interim injunction, is only a temporary injunction pending suit. This is got to be made absolute by pressing the said I.A. Since W/s is filed expedite the action for trial and then at one time or the other the court has to go for trial.
Contempt petition can be filed for violation of orders of Interim Injunction.But it takes the second ladder hence press for trial in the matter
bye
