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Injunction

(Querist) 22 November 2014 This query is : Resolved 
Hi All,

Mine is an Ancestral property measuring (30X40) in Bangalore which was a gift deed from my mother.
In the year 2012, when I started the construction of house, a person (A) from the same locality came with police force and said that it is his property and he had sold/registered that property to some other person(B) in the year 2012. This shocked me.

Both (A) and (B) got had managed to get two injunction orders from civil(Mayo hall) court in the name of my bothers'. By this time, I had constructed one floor of my house and then stopped the work due to injunctions.


Case of (A)

His first injunction order was dismissed in civil(Mayo hall) court. He appealed in High court and even this plea was dismissed in high court with a penalty of Rs 1000.


Case of (B)

His first injunction which he had got in civil(Mayo hall) court in 2012 was periodically extended until Aug 2014, later on it wasn't extended. Our lawyer concentrated on Case of(A) as he is the main culprit who sold to (B) due to this reason his injunction went on for almost 2 years.

Now, that there were no injunction orders on this property, our lawyer suggested us to go for construction. When we started the work, I had received a notice from (B),
which stated that, he had approached a City civil court with new case and again got a temporary injunction order on my property, this time in my name. Which made us to stop our construction work again.

Please clarify my concerns.

1. I am confident that new injunction order from (B) will be dismissed based on (A) dismissal. Then what all options left for (B)?

2. What all options left for (A) ?

3. Do you suggest us to go for construction when the injunction order is no longer present on the property?

4. Any idea how long this can go on ?

Appreciate your help.

Thanks,
Kumar
Mob: 9731260560

Dayananda Gowda (Expert) 22 November 2014
Please clarify that new case is only for bare injunction or also claimed declaration.... if it is only bare injunction, you may complete construction after dismissal of interiam application
kumar (Querist) 22 November 2014
Thank you for your quick response sir. I think it is a bare injunction. The case was filed on 18th Nov 2014, 19th Nov was hearing and on 20th Nov they got the order (but not the order sheet duly signed by justice).The next hearing is on 19 Dec. But our advocate said he will move the matter on this Monday(24th Nov).So my concern is, will there be many hearings to dismiss the injunction order or it is an easy procedure which can be done before 19th Dec.

Please let me know if you have any comments on point 1,2,4 ?

Thanks,
Kumar
Mob:9731260560
ajay sethi (Expert) 22 November 2014
B can go in appeal against order setting aside injunction . once injunction order is set aside you can proceed with further construction on property . since A plea for injunction has been dismissed by HC also unless he goes in appeal to SC and obtains stay you can proceed with construction
Dayananda Gowda (Expert) 22 November 2014
Dear Kumar, the present order is only temporary order.....you may file the application trough your advocate for advance the matter Anne aswellas for vecating the order along with your documents .... if you had merits in the case court will vecate the order....
kumar (Querist) 22 November 2014
Experts, many thanks for your replies
Devajyoti Barman (Expert) 22 November 2014
agree with experts.
Rajendra K Goyal (Expert) 22 November 2014
Agree with the experts.
kumar (Querist) 28 November 2014
Hello Experts,
Updates on my earlier post.

(B[purchaser from A])'s injunction was also dismissed by city civil court. I know that again (B) can appeal in High court. Are there any chances that (B) can get injunction from High court again?

---Summary-----
1. (A[claiming as owner])'s injunction was dismissed in City Mayo hall court and then again dismissed by High court.
2. (B)'s injunction was dismissed in City mayo hall court as next hearing was after 60 days, (B) had got a new injunction(new case) from City civil court(another court), even this is dismissed now.

Now, I am concerned to back and start my construction as these people might come up with some thing new and held the construction again.
Please advise on the construction.

Thanks,
Arun Munja
Mob: 9731260560
Devajyoti Barman (Expert) 30 November 2014
Granting of injunction is always the discretion of court. Even if specific injunction order is unlikely , the court may ask both parties to maintain status quo.


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