chandra sekhar (Lawyer) 15 November 2010
application of injunction, under Order XXXIX, Rules 1 and 2 of C.P.C allowed. respondent vilated the injunction. filed an application under Order XXXIX, Rule 2A C.P.C. before the trial court. what is the procedure of conduct inquiry to prove the violation?
what is the way to took possession of suit schedule land or get police protection. similar with petition of Order XXXIX, Rule 2A, C.P.C.
adv. rajeev ( rajoo ) (practicing advocate) 15 November 2010
on the application u/o 39 r 2A you will have to lead your evidence to prove that injunction order is violated. To get the police protection you file an application u/s 151 of C.P.C.
Whether you have filed suit for bare injunction or injunction along with possession of the suit property. If you are not in possession and filed an injunction suit you suit will be dismissed definately, because possession is must in the injunction suits.
If you have sought for possession then you will have to wait for the judegement. If your suit is decreed to get the possession you will have to file an exeuction petition.
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