KALAVAMPARA (ADVOCATE) 19 November 2014

Delay in injunction

Dear friends,

I need a solution to the following issue.

In an interim application seeking temporary injunction given 6 months back, all arguments from both sides were over one month back. All primafacia evidences needed for temp injunction were submitted in Court. But the munsiff is indefinitely delaying temporary injunction without passing orders either favourably or unfavourably. In this situation how to get justice.This enormous delay in injunction is aggravating my illness due to defendant's continuing nuisance

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4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 19 November 2014

Dear, Better approach the higher court seeking directions to the concerned court to pass orders immediately..... Kapil chandna adv, 9899011450

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 November 2014

Before injunctions are granted, it must appear that process at law or in equity has been filed; but, when the object of the injunction would be defeated by the delay necessary to file such process, an injunction may issue to expire on a day specified therein, unless such process be filed by such a day.

KALAVAMPARA (ADVOCATE) 20 November 2014

When all the pre-requisite three tests are passed in my case by adducing primary evidences as per the Supreme Court case laws to grant Temp Inj. there should not be any delay in passing the inj order in either way (+ve or -ve). Holding it without passing order is unfair. In my case no delay was occurred to file the suit for injunction from the date of cause of action and I understand that you meant this action as the process cited in your post. If my understanding is not correct, please elaborate the process you meant in your post.