Urgent -exparte injunction restraining use of empty car park
Ria
(Querist) 15 June 2014
This query is : Resolved
Respected Experts,
I live in an apartment and had parked my car in an empty covered car park allotted to another person not having a car as car park is a common area.
However the other party managed to get an exparte injunction stating that that it is urgent and he will be subject to great loss if I park my car in the space alloted to him, however he does not use that space.
Please guide.
ajay sethi
(Expert) 15 June 2014
in case member is not using slot allotted to him apply to society for cancellation of slot allotted to him
Lawyer SALEEMA KABEER
(Expert) 15 June 2014
You have to contest the injunction application by participating in the suit
proceedings.
You have also to bring the notice of the Court about the verdict of Supreme Court which held that the parking slots will comes under the category of common area wherein no independent absolute right is available.
Advocate. Arunagiri
(Expert) 15 June 2014
If that car parking area is sold to him along with his flat, you can not claim any right over it.
If that car parking are is not sold to anybody, it can be used on first come first served.
Rajendra K Goyal
(Expert) 15 June 2014
You have to obey court injunction orders, try to get it vacated. Also pursue society to again allot the parking space.
Dr J C Vashista
(Expert) 16 June 2014
Incomplete information regarding status of car parking, submit your reply the questions raised by the experts.
Otherwise the advise/opinion of experts will be based on presumptions, which may be inappropriate.
Sankaranarayanan
(Expert) 16 June 2014
i do agree with Adv saleema Kabeer 's suggestion
Raj Kumar Makkad
(Expert) 17 June 2014
Well advised by experts hence no more to add.
T. Kalaiselvan, Advocate
(Expert) 18 June 2014
Yes, participate in the court proceedings, challenge his suit and put pressure on him in the same legal way so that he will realize that he has unnecessarily ventured into the legal tangles wasting his time, energy and money.
Ria
(Querist) 30 June 2014
Respected Experts,
Thanks a ton.
Regards,
Ria
