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Manaskumar   07 May 2023

Injunction

my one co sharer of doba class land suits caveat the judicial magistrate court.and construct building at said land. In this condition, is it possible to obtain an interim injunction ? 


 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     08 May 2023

If you are aggrieved by the decision of constructing the property you can file a suit for injunction.

No douibt he has filed the caveat petition against you, but that will not prevent you from filing the suit for injunction.

If the court finds merits in your applicaiton then after hearing both the sides, it may pass an order for temporary injuction.

P. Venu (Advocate)     08 May 2023

The facts posted lack clarity. 

What do you mean by "doba class lands" and "suit caveat"? Is it suit or caveat?

Real Soul.... (LEGAL)     08 May 2023

Yes, if you have the strong prima facie case you can get a stay order, but since he has filed a caveat he will be placed on notice before any order is passed by court..

If you want to bye- pass the caveat file the suit with raised valuation before the district court or file a writ petition. 

Saldana Jason   11 May 2023

Originally posted by : dumb ways to die

Yes, if you have the strong prima facie case you can get a stay order, but since he has filed a caveat he will be placed on notice before any order is passed by court..If you want to bye- pass the caveat file the suit with raised valuation before the district court or file a writ petition. 

Is there any way you can shorten this lawsuit time?

Niharika Lohan   14 May 2023

Hi Manas

You can file an injunction application (under order 39) in the civil court and if you are able to prove these 3 things:

1- you approached the court with clean hands

2- the balance of convenience is in your favour

3- you will suffer irreparable damages if the injunction is not granted.

Upon proving the above 3 and on the merits of the case, the Court may pass an injunction order restraining further construction on the said land or any other order as it deem fit.

Now, since the opposite party has filed a caveat already, he will be notified by the court, before passing any order.

Please feel free to revert back with follow up questions at niharikalohan@yahoo.com . Hope it helps


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