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Basavaraj (engineer)     06 March 2023

injunction order without possession of plot

Based on my sale deed and register GPA 241OF 1987 it's confirmed and evident that my plot is in sy no 332, is it possible to file injunction petition against on sy 332 owners with my sale deed of 1994 as evidence document.
But, I don't have layout hence, I am not in possession, plot is vanished in relayouting and double registration in 2002,
I have documents to prove that my plot is vanished in 3 persons sale deed transaction in 2002.

Let, sy no 332 owners respond or prove in lower court that my plot is not in sy no 332, no one made illegal transactions till date and prove that no one is illegally occupied my plot..?

My question is can I get injunction order without plot possession, if no, what is the next option to recover the plot.


Learning

 4 Replies

P. Venu (Advocate)     06 March 2023

The facts posted are vague and disjointed. Please repost the complete facts highlighting the issue, if any.

Dr J C Vashista (Advocate)     07 March 2023

Show the documents to a local prudent lawyer for analyses and professional advise.

N.K.Assumi (Advocate)     07 March 2023

A person not in possession, cannot seek the relief of injunction simpliciter, without claiming the relief of possession. In case your title is not in dispute but not in possession, your only remedy is to file a suit for possession and also seek additional relief of injunction if necessary depending on the facts of the case.

Advocate Bhartesh goyal (advocate)     07 March 2023

No possession no  injunction so you need to file suit for possession with injunction and have to get restrained opposite party not to transfer plot to anyone .


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