Asking for Reply to Plaint, Pending TI
In a civil injunction suit, the plaintiff seeks for permanent injunction from the Court for restraining the respondent from dispossessing him from a property claimed to be in his possession.
(a) Can the Court ask the respondent to file a reply to the main application without disposing the TI application even though the 90 days period is over? Interestingly it is the plaintiff who brought the case and is now avoiding the arguments on TI!
(b) The plaintiff is actually not in the possession of and never was in such possession and the respondent is actually in possession of the property since last 22 years. In such a situation can the respondent ask for commissioning and physical verification of the possession on the property and dismiss the suit summarily instead of going thru the lengthy suit?
(c) Is a suit for injunction maintainable in such cases as the plaintiff has brought the suit on a nominal valuation and if he succeeds even on the application then the respondent is put to lot of hardship as his property worth crores is put to unnecessary restrain
(d) What is the best legal recourse for the respondent in such a situation?
ashokkumar@calibreplacements.com
