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Suit for Injunction (Civil Law)

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This query is : Resolved


Author : Bhushan V. Kale

Posted On 18 September 2009 at 23:02

There is an agreement for exchange of two properties between plaintiff and defendant. They have decided to execute the sale deed of both the properties in each other's favour on or before 31/12/2009. Both the properties are situated within the jurisdiction of different court. The plaintiff got the possession of the defendant's property but he has not delivered the possession of his property to defendant. Thus, the plaintiff is having possession over both the properties.
The agreements were executed at the place of plaintiff. The defendant threatned plaintiff to take back the possession of his property. The plaintiff filed suit for Injunction, praying that, the defendant be restrain from taking possession of both the properties which are in the possession of plaintiff.
Whether the Civil Court at the place of plaintiff is having jurisdiction to entertain the suit. (As one property is situated out of the territorial jurisdiction. Whether Sec. 17 and sec. 20 of C.P.C. is applicable, as it is simplicitor suit for injunction ?
riven




Expert : raj kumar makkad

Posted On 18 September 2009 at 23:35

The court in the jurisdiction of whose even an iota of cause of action has arisen, can try and decide the suit and in your case plaintiff is not debarred to sue the defendant. Section 17 & 20 of CPC do not bar the mentioned case in the light of facts and circumstances mentioned by you. Better defend the suit vigorously on merits rather finding out technical lacunae.riven



Expert : Adinath@Avinash Patil

Posted On 19 September 2009 at 05:48

Plaintiff allready filed civil suit,you don't wory about jurosdiction because section 17 & 20 are in favour of pliantiff.You have to strongly defend the suit on facts and law.riven



Expert : adv. rajeev ( rajoo )

Posted On 19 September 2009 at 06:39

Dear Frnd,
Mere bare injunction suit is not sufficient, plaintiff could have filed suit for declaration and injuction. The same thing is happened with my client. I have filed the suit for declaration and injunction.
On the basis of the exchange deed declaration is must.riven



Expert : Kiran Kumar

Posted On 19 September 2009 at 07:13

i agree with Rajeev, pursuing that line u can also file a similar suit for declaration against the present plaintiff, u can file such a suit at a place where the cause of action has arisen or the property is situated.riven



Expert : raj kumar makkad

Posted On 19 September 2009 at 08:22

Where are rights are already decided and no declaration is required for that purpose there mere injunction suit is sufficient.riven



Expert : adv. rajeev ( rajoo )

Posted On 19 September 2009 at 18:32

Sir,
Rights are decided but possession is not delivered and agreement is not regd., So in my opinion which land plaintiff has right must be declared by declaration suit only.riven



Author : Bhushan V. Kale

Posted On 19 September 2009 at 23:00

Sir,
I m conducting this matter for plaintiff.

Dear Mr. Rajeev, may i know, what type of declaration should be prayed ?

I would like to inform that Hon`ble Court is of opinion to file separate suit at the place where the property is situated.

My application for Temperary Injunction is pending.

Is there any ruling on this point?

Thanking all of u for ur valuable opinion, it will always encourage me.

riven


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