rajiv (self employed) 21 April 2014

Permanent injunction

Dear Sir, we have a property in Visakhapatnam. The property has been illegally occupied and we lost our possession. My father (when he was alive and in posession of the property) applied and obtained a permanent injunction decdree restraining the defendants from trespassing into the property. The defendants approached the high court and obtained an order to set aside the decree and hence the case was referred back to the lower court and has been numbered. My query is, does this mean that the permanent injunction order that we have, is in force? or does it mean that it is dismissed? please advise, thank you.

Reply Follow

4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 21 April 2014

If High court quash and set aside the decree and remanded the matter for fresh hearing, then certainly there is no any injunction in your favor.

you have to read the Judgement of High court carefully..

1 Like

Advocate Ravinder (Advocate/Attorney) 22 April 2014

I agree with Mahesh. Send the High Court order. What the HC say about injunction.

T. Kalaiselvan, Advocate (Advocate) 23 April 2014

the high court has set aside the lower court's order/decree/judgment and has remanded back the case to lower court itself for fresh trial with the observations. Without seeing the high court order, an opinion t it cannot be given. However, please be informed that there is no stay or injunction as of now.

Advocate Ravinder (Advocate/Attorney) 23 April 2014

What Kalaiselvan said is right. You have to obtain injunction afresh in the lower court.

Permanent injunction

4 Replies

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category