Technical ground to vocate the injunction
Anandakumara MB
(Querist) 21 December 2009
This query is : Resolved
What are the points to be prooved to vocate the injunction over the property. The injunction granted by the civil Judge (Jr div) to the mortgagee.
1. Property was mortgaged over 60 yrs ago.
2. Error RTC was presented to court by Mortgagee to get the injunction.
3. POssession was retained by the Mortgagor till today.
4. The same property was mortgaged to Co-operatice society by the Nortgagor.
5. The mortgage original deed is Not availabel by anybody.
Please give the technical ground to vocate the injunction.
niranjan
(Expert) 21 December 2009
It seems from your querry that it was simple mortgage and not with possession as you have said that the possession is with the mortgagor.So the suit by a mortgagee would be to get his amount back.Though you have not mentioned as to what relief the mortgagee has sought in the suit.However it seems from your querry that the question of limitation can be raised.So far the vacating the injunction you have to show that the pltff. has no primafacie case and that if the injunction is given legal injury willbe caused to the deft.and that balance of convenience is not in pltff.favour.All these aspects depend upon the facts of the parties.
