Temporary Injuction

Querist : Anonymous (Querist) 04 September 2010 This query is : Resolved
Can Court Grant TI when the if the plaintiffs file a siut for mere partition and are not in Physical Possession of Suit Schedule Properties by not disclosing the facts though the Plaintiffs have received their shares in the FAMILY Properties by Family Partition long back and sold the Properties of their shares to third parties

Follow Query

Report Abuse

Adv Archana Deshmukh (Expert) 04 September 2010
The TI is sought against the defts to restrain them from alinating the property during the pendency of the suit. If the properties are already sold by the plff, the defts should bring these facts to the notice of the court.

s.subramanian (Expert) 04 September 2010
Yes. I agree with Adv Archana.

adv. rajeev ( rajoo ) (Expert) 04 September 2010
for what relief TI is sought. If not to alienate court can grant if the plaintiff proves the prima facie and balance of convinience lies in his favour. You have told that long back there is a partition. Dependent has to prove that once partition always partition.

Chanchal Nag Chowdhury (Expert) 04 September 2010
Depends on the facts & circumstances of the case.If what U have stated is the entire story, they should fail.

Rajeev kulshreshtha (Expert) 04 September 2010
You are not disclosing that what relief plaintiff sought in TI application.In fact for getting TI plaintiff have to prove prima-facie case,balance of convineance and irreparable loss in his favor.

pravir singh (Expert) 05 September 2010
in a suit for partition trial court rightly granted temporary injunction this is held in 2005 vol 1 AWC page 578(ALLAHABAD HIGH COURT) Smt. yasoda devi and another vs 1st A.D.J.Gajipur and another

R.Ranganathan (Expert) 05 September 2010
TI is granted when there is prima-facie case, balance of convenience in favour of the Plaintiff and the Plaintiff shows that there is likelihood of irreparable loss if TI is not granted. In your case you have not come out with full facts and the prayer in the TI. Kindly disclose the same for giving proper advice.

Y V Vishweshwar Rao (Expert) 06 September 2010
In Partition Suits generally injunction orders will be to restrain the Defendants from alienating the suit properties-

Any sale of suit property by any party to suit - pending disposal of the suit is always subject to final result of the suit and it is lis pendency -

In that view in Partition suits the injunction orders will be -not to sell the Suit properties

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries