Temporary injunction
Priyanshu Mehta
(Querist) 01 December 2017
This query is : Resolved
Dear Sir,
As our one of application 7 rule 11 was dismissed by judge and now the case is on hearing of injunction does it effect on our current case ?. Now the case stage is Injunction Hearing of plaintiff application.
We are defendant in this case. The plaintiff has registered the case using house tax receipt, ration card, election card and gram panchayat dakhla. We have original purchase deed (dastavej), land record office paper, all nominees signature and notarized letter for waving the plot. Sir, I have following query regarding temporary injunction.
1. Can the judge give injunction to the plaintiff on the basis of house tax, and gram panchayat dakhla showing fourth side location of land ??
2. What are the criteria for injunctions are given to the parties by judge ??
3. We have purchase deed of land, all nominees notarized letter written that the land is given to us and we are wave the land and given to us. Can the judge give the temporary injunction to the plaintiff ??
4. We have land record office paper given by land record office.
5. The plaintiff has registered false case against us and the judge is also supporting them now can the judge give injunction to them. We tried to explain judge that we have original dastavej, record office paper etc but he is not supporting us. Now, I want to know that if judge gives false judgement to the opposite party can we complaint against judge if yes please let me know where and how to complaint against judge ?
Please guide sir...
Thanks
P. Venu
(Expert) 02 December 2017
You have not disclosed the complete facts.
What was the ground urged in the Order VII Rule 11 application?
Who is in possession/occupation of the property?
What is the 'dastavej' - is it a registered conveyance deed?
Priyanshu Mehta
(Querist) 02 December 2017
We complaint yo police against illegall land grabbing in our plot....on this ground the 7 rule 11 was dismissed.
The dastavej is registered land purchase deed....
Our lawyer has submitted following points in 7 rule 11..
1. The plaintiff didnt came with proper documents hence the dawa arji should be dismissed
2. The plaintiff has no reason to bring the dawa arji.
3. The plaintiff has shown different locations and house nos in the house tax receipt, gram panchayat dakhla
4.The plaintiff has not submitted any land purchase deed..
The judgement given that all the above points are matter of prooving the documents and there is reason for bringing dawa arji that defendent has complaint to police. Hence the 7 rule 11 is dismissed of defendent...
This was the judgement of 7 rule 11. Now the oppositors have illegally kept bricks and stones in our plot.
Now the stage of case is on Temporary injunction hearing application submitted by plaintiff...
As ae were earlier to file case at court but our lawyer was corrupted and done setting with our oppositor and dindt file our case...and instead we file case our oppositor {land grabber} has filed case against us and we became defendant instead of plaintiff....
I want to know that can the plaintiff get injunction without land purchase deed, record office paper ?
In our matter the judge is also corrupted and not listening to us and also not veryfying the documents submitted by us..
Can the judge give wrong judgement ???
Suppose the trmporary injunction given to them can they register the property in their name, can they start construction in the plot on the basis of injunction ???
Please guide...
Dr J C Vashista
(Expert) 03 December 2017
You have already engaged an able, intelligent and capable lawyer to sail you through all weathers without any glitch, have full faith in him/her, consult, seek guidance and proceed.
Dr J C Vashista
(Expert) 03 December 2017
You have posted your story in bits and pieces, most of them are irrelevant to the case, therefore, it is advisable to seek guidance/clarifications from your lawyer who is well aware about the facts of case.