temporary injunction
S.Sivakumar
(Querist) 27 June 2011
This query is : Resolved
suit for bare(permanent) injunction restraing the defendants from not to upstruct the plaintiff harvesting the crops in the suit properties. whether the plaintiff entitled to file a temporary injunction ?
because if a temporary injunction is granted the suit itself is fullfilled
Devajyoti Barman
(Expert) 27 June 2011
Yes plaintiff can pray for temporary injunction which would include ad interim injunction also under order 39 rule 1 & 2 of cpc.
adv. rajeev ( rajoo )
(Expert) 28 June 2011
plaintiff has to prove that he has got prima facie case and balance of convenience lies in his favour, then TI will be granted by the court.
Advocate Bhartesh goyal 
(Expert) 28 June 2011
Yes,you can file applicationn for temporary injunction under O 39 R 1$2 of C.P.C.Relief granted in Temp.Injunction is not for ever,it is only granted or remains in force till the decision of suit whereas relief granted in permanent injunctiona is for ever.
prabhakar singh
(Expert) 28 June 2011
plaintiff can apply for temporary injunction.
the logic behind its' grant is thatoncethe
plaintiff succeed in showing that he has a
prima facie case ,and balance convenience
lies in his favor,and if the property in
dispute is not preserved during pend-ency
of suit irreparable injury shall be caused to him then court grants a temporary injunction just with motive to preserve status of the suit property as it is on the suit date.
Guest
(Expert) 28 June 2011
if the property in
dispute is not preserved during pend-ency
of suit irreparable injury shall be caused to him then court grants a temporary injunction just with motive to preserve status of the suit property as it is on the suit date.
Mr. Prabhakar is making the query long and we under stand the things than why not answer in short
so my answer to this you can file a case with the injunction application
Arif Iqbal
(Expert) 28 June 2011
Application for temporary injunction may be filed in any such suits to maintain status quo in the suit land and from preventing the nature & character of the suit land. Temporary injunction is temporary, i.e.... till disposal of the main suit.
Shashikant V. Patil
(Expert) 28 June 2011
You may file TI application under Order 39 Rule 1 & 2 of CPC and obtain ad-intirim order, to prevent from obstruction to your harvesting crops as case has to stand on prima facie , balance of convenience and there is irrepariable loss will sustain if the injunction is not granted.
dev kapoor
(Expert) 28 June 2011
The authour (Sh.S.Sivakumar) has asked the qn very intelligently by specifically putting the words "suit for bare(permanent) injunction restraing the defendants..".We have to view the qn in the perspective it has been asked.
Granting temporary injunction,ad interim or else, in such a case is tantamount to granting main relief & hence decreeing the at the interim stage,which is not permissible in law.
The suit is for permanent injunction simplcitor seeking to restrain defendant permanently from obstructing the P from harvesting the crop'.If by an interim injunction the defendant is restrained,the P shall surely reap the crop & NOTHING MORE will be left.In a suit barely for permanent injunction pure & simple,ad interim in junction restraining the non-applicant (O:39,Rr.1 & 2 CPC) ought not & cannot be granted.
Awaiting more comments with due deference to the comments already placed on board.
Regards
S.Sivakumar
(Querist) 03 July 2011
thank you for your opinions
