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Temperory injuction discharged - appeal ? validity?

(Querist) 16 April 2018 This query is : Resolved 
Hi Lawyer,

We have had a family property dispute on boundary of the single private road which enters our home and we have got a temporary injunction before 4 months asking the opposition not to enter the disputed place. After various arguments in court, the opposition was able to remove / discharge the injunction. We wish to go for appeal now.

My worry is that, will the opposition will be able to put any survey stone in midst of our appeal in the court? even if the court grants another stay.. what about the changes the opposition will do in the mean time? will the changes be counted as existing or will it be recorded new?

Please advise.
Ms.Usha Kapoor (Expert) 16 April 2018
Pray the court at the very outset Of Appeal to arrange police guards and not to put survey stone at disputed place till the case is disposed off.
or you can keep security guards at your expense at the disputed place and recover the expenses from the opposite party after winning the case. I feel the 1st option would be better.
joy (Querist) 16 April 2018
Is the power of injunction immediately removed as soon as the court discharges injunction? Or is there a cooling period? We don't want them to do any changes until we apply for appeal.
joy (Querist) 16 April 2018
Is the power of injunction immediately removed as soon as the court discharges injunction? Or is there a cooling period? We don't want them to do any changes until we apply for appeal.
Ms.Usha Kapoor (Expert) 18 April 2018
There is no cooling off period. Injunction would be 8mmediately dischargesIt's impact will immediately cease..
P. Venu (Expert) 18 April 2018
Is it the case that your application for temporary injunction was dismissed or that temporary injunction was initially granted, but subsequently varied? If it is the latter case, why? The facts, posted are inconsistent.
joy (Querist) 20 April 2018
Hi Mr. Venu Sir

Its the second scenario. Initially granted and subsequently varied. The situation was that the disputed land is the oppositions only way to their second plot. They couldnt enter their second plot because of the injuction. Now their lawyer have managed somehow to discharge the injuction. Though we are going to appeal again to next bench; we wish to know if they can do anything like putting survey stone(opposition is very strong in influencing authorities) in the disputed land during the case is running in the court though injuction is removed. Please advise

Thanks
Jomy
7353501545
P. Venu (Expert) 20 April 2018
You have not posted the complete facts or your posting is based on incomplete information. If the IA for granting temporary injunction had been granted, there would certainly be a reasoned order by Court. So also, if the said order had been modified or varied, the other party ought to have moved another IA under notice to you (or your advocate) and the court would have pronounced another reasoned order. Please verify.


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