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ash83 (.)     07 August 2024

Can injunction order granted by trail court be challenged in high court

Dear sir,

We have obtained exparte temp iinjunction order against a person who was trespassing our property on 25.03 and claiming a portion as his property. He father had sold the property in 1968 and we are 6th owners in possession and title.

Upon knowing that we have obtabined order. The same person also obtained ex parte injunction order againt us in different bench in same court on 03.08 by giving fabricated RTCs by refusing the summons sent by us. 

We have leased our property to 3rd parties to setup showroom and construction is being carried out by tenant. His plaint  averments admits that we have leased the property and he has also produced the registered lease deed document in court and photos to show construction work is ongoing.

However he has not made party the tenant to suit and obtained injunction order by producing fabricated revenue RTCs. RTCs are not title documents, however trail court has given order based on revenue documents.

Can we challenge the injunction order obtained by him in Honblr high court or it has to be challenged only in trail court. Any suggestions please help. 

 

 

 



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 11 Replies

T. Kalaiselvan, Advocate (Advocate)     07 August 2024

It is an exparte injunction order, which will remain in force till you appear before court in that case, hence you may appear before court on the next date of hearing and file an objection to his injunction applicaiton and get his applicaiton dismissed on merits. 

1 Like

P. Venu (Advocate)     07 August 2024

"obtained ex parte injunction order againt us in different bench of same court"- how?
Which Court?

1 Like

Advocate Bhartesh goyal (advocate)     07 August 2024

Person obtained ex-parte interim injunction order against you which can be challenge by filing miscllenious appeal or by filing objections in same court.

1 Like

ash83 (.)     07 August 2024

Sir, I obtained exparte injunction in pincipal court on 25.07 . I have complied with order 39 rule 3 by sending him registrared post. 

He obtained exparte injunction against us in senior court on 03.08.  He has not complied with provisions order 39 rule 3 yet, not sure why court has set compliance by 19.12.2024. 

Can I file early hearing to set aside order since I have knowledge of him filing case or should I wait for summons. My tenant construction is halted,  he js bringing 30 to 40.people and police are not proving support.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     08 August 2024

If he is not obeying the court order then you can file a contempt of court petition against him and seek police protection by an order of court in this regard. 

If he is bringing 30 to 40 people to obstruct your construction work without any authority then it is an illegal act, you can lodge a criminal complaint against him with the superintendent of police directly or the commissioner of police and seek protection to your property and your life.

If he has not complied with the court order under order 39 rule 3 even after getting an exparte injunction order, then the court would have dismissed his interim injunction applicaiton and cancelled the orders for non compliance, you may verify the same from the court concerned directly or through your advocate.

Dr. J C Vashista (Advocate )     08 August 2024

Ex-parte injunction passed by a competent court is valid and in vogue, what is the doubt ? 

Facts posted require more clarity to form proper opinion and oblige,

What is the opinion and advise of your lawyer engaged/ paid by you, who is well aware about facts and circumstances of the case besides the fact s/he is an able, competent and intelligent enough and duty bound to satisfy your queries on the subject ?

P. Venu (Advocate)     08 August 2024

Originally posted by : ash83
Sir, I obtained exparte injunction in pincipal court on 25.07 . I have complied with order 39 rule 3 by sending him registrared post. 
He obtained exparte injunction against us in senior court on 03.08.  He has not complied with provisions order 39 rule 3 yet, not sure why court has set compliance by 19.12.2024. 
Can I file early hearing to set aside order since I have knowledge of him filing case or should I wait for summons. My tenant construction is halted,  he js bringing 30 to 40.people and police are not proving support.
 
 
 
 

Facts posted are less than convincing. What the Case Numbers? Which Court?

N.K.Assumi (Advocate)     11 August 2024

But on what grounds your injunction was dissolved, and an injunction was ordered against you by the senior court? Was there a change of circumstances? In any case you have a remedy undre Order XLVIII Rule (I) (r) of the CPC. 

ash83 (.)     11 August 2024

Dear sir,

My summons he has refused to collect which was sent on 225.07our suit was filed on 22.07 for exparte. 

He filed fresh suit on 08.03 suppressing facts and obtained ex party injunction against us. We have received summons yesterday.  Upon reading it was found that he claims he is the onwer of west bound property to our property.  I have obtained sale deed he has sold to one 3rd party in 1990 again same property to someone else in 2004 and now another person is the onwer who have obtained thru compromise. 

 

Plaintiff claims 7000 sqf property is existing in our property and obtained stay by producing RTc revenue documents in his father name and not even sq inch he is possession of property in all sides.

 

 

T. Kalaiselvan, Advocate (Advocate)     11 August 2024

The subsequent information provided is a matter of trial of the suit which will be decided only after the trial is concluded.

Hence you may concentrate on the pending suit properly.

Dr. J C Vashista (Advocate )     12 August 2024

Did you received summons of "higher" Court in the case stated to have been filed subsequently ? If not, wait and watch.

Can you let us know how did you come to know that the opposite party/ defendant (in the case filed by you) have obtained ex-parte injunction by filing a fresh suit ? 

If the information of filing a suit in "higher" court is found correct, request your lawyer to file an application u/s 10 r/w Order VII Rule 10 CPC for stay of subsequent suit as well return of the suit for want of jurisdiction, being a "higher" court.

Even if the opposite party has concealed the fact  from "Higher" court qua  grant of ex-parte injunction by "Lower" Court in your favour, which you have complied with under Order XXXIX Rule 3 CPC but defendant has refused to accept service of notice, as stated by you, prima facie facts posted are unconviencing / unbelievable.  

 


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