Rajesh Kumar Singh 25 June 2017
Both Partition suit and Title suit is in court but the joint HUF agricultural land is being used by a HUF member for comercial acitivity i.e. LPG Gowdown the agency is offered by HPCL a central Govt. company.
Now what relief or direction court can give as the litigation wil take time and the commercial acitivity will be carried on illegally . The HPCL is asking that you get direction from the court we will cancel or suspend the agency. Can court give injuction or stay order .
Arjun Kohli 25 June 2017
Indeed the Court can issue an Interim Injunction under the Specific Relief Act, 1963.
All that is to be proved is the serious prejudice to other members, the wrongful nature of the activity, wrongful gains being earned out of the property while the rights over the property are being decided.
However, the same shall be the discretion of the Court to grant such an injunction or not.
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