Hello Learned Councels,
I am seeking your guidance in the below matter.
My maternalgrandfather had got his ancestral share of property along with this brothers. He had pledged the whole land and had accquired Agricultural loan, however his youngest brothers decieved him and he had forged created documents stating that he has purchased 1 acre of land by paying a sum of Rs 2 Lakhs to my grandfather who is about 75 years of age at that time. After getting to know this, my mother and my grandfather filed a suit for declaration and cancellation of sale deed. However, the case was dismissed in lower and appelant
court. However, High Court admitted the matter stating there is serious lacuna in deciding the case by lower court and granted an temporary injunction restraining the defendants not to create third party interest until the case is decided.
The defendant is now enchroached more than 1.5 acres of land and has uprooted about 4 trees, dismantled the boundaries and has also destroyed my grandparents samadi(where we had buried my grandparents). I filed a PCR u/s 295, 295 A and 297 of IPC, however it is still pending to be referred to the local PS.
I believe when the matter is pending before the Court, it is imperative that the as-it-is condition has to be maintained until the matter is decided and no more appeal lies with respect to the case.
I filed a OS suit requesting for temporary injunction against defendant not to enter into the property and to maintain as it is condition. However, the Civil Judge has dismissed my
IA, stating the reason "IA No.1 filed U/o 39 R-1 and 2 of CPC is dismissed with costs of Rs.500/-. For compliance U/sec 89 of CPC by." Kindly guide me what should be my next course of action.
1) What should i do to get temporary injunction
2) Can I complain about the lower court Civil Judge to the respective High Court
