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Yogesh masi   05 March 2025

Injunction

Dear forum members 

Greetings for the day 

I would need your guidance on the case below.

Plaintiff filled a suit for declaration and also relief of injunction at senior civil judge district court.

Before filling this case he also filled a case of injunction  against us at lower court and even we filled a case for injunction at same lower court. 

 

Now the judge has pronounce judgement at senior court stating plaintiff suit was Dismissed. 

Now how should I be alert and get injunction in my favour at lower court? 

Currently there is no judge at lower court 

My advocate is wantedly delaying the procedure  I believe 

Can we move the case to available judge and get injunction in my favour?

Note I have posted same topic in different thread I did not get response 

Also I am not sure why the same subject of case if filled at lower court 

What's the time frame it will if I move case?

Appreciate your assistance 

Thanks



 3 Replies

Dr. J C Vashista (Advocate )     05 March 2025

Case file has to be perused for forming proper opinion, anlayses and oblige, if you are not satisfied with the performance, behavior or functioning of your lawyer and you intend to replace him/her.

T. Kalaiselvan, Advocate (Advocate)     05 March 2025

If the post of the judge is vacant you have to wait until the cases are resumed by new judge.

You cannot blame your advocate for this delay.

You have to fight the pending case on its own merits.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 March 2025

I'll provide guidance on your situation regarding the ongoing court cases and the desired injunction.

 Understanding the Current Situation: 1. *Senior Civil Judge Court*: The plaintiff's suit for declaration and injunction was dismissed.

2. *Lower Court*: There are two pending injunction cases: one filed by the plaintiff and the other by you.

Next Steps: 1. *Alertness*: Be vigilant and ensure your advocate takes necessary steps to protect your interests.

2. *Advocate's Delay*: Address your concerns with your advocate, and consider seeking a second opinion or alternative representation if needed.

Transferring the Case to an Available Judge:

1. *Possibility*: Yes, it's possible to request a transfer of the case to an available judge.

2. *Procedure*: Your advocate should file an application for transfer, citing the absence of a judge in the current court.

3. *Time Frame*: The time frame for transferring the case and getting an injunction in your favor depends on various factors, including the court's workload and the availability of judges.

Time Frame for Resolving the Case: 1. *Variable*: The time frame for resolving the case is variable and depends on the court's proceedings and the complexity of the case.

 2. *Factors Affecting Time Frame*: Factors such as the availability of judges, the number of cases pending, and the advocate's efficiency can influence the time frame.

Additional Considerations: 1. *Filing an Appeal*: If you're not satisfied with the lower court's decision, you can file an appeal in a higher court. .

2. *Interim Relief*: You can also seek interim relief, such as an injunction, from a higher court if necessary. Consult your advocate to discuss the best course of action and ensure they're taking necessary steps to protect your interests. If needed, consider seeking a second opinion or alternative representation.


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