Ex-5
PRAKASHCHANDRA MARU
(Querist) 18 June 2014
This query is : Resolved
Mr.x lodged main suit along with ex 5 demanding interim injunction against mr.y to prevent construction of compound wall on plot of Mr.x. on that time application for discovery application came at the side of Mr. y. Advocate of Mr.y replied the discovery application mean while the four side wall were constructed by mr. y.During the proceeding status quo was not provided to mr x by court. The hearing of ex-5 is pending but constructed was finished by the mr y now the cause of the prevent the construction is completed as mr y already constructed the wall before the hearing of the ex-5. The exihibit 5 is tll today pending what I have to do ?
Advocate Bhartesh goyal
(Expert) 19 June 2014
File application under O 6 R 17 of CPC for amendment in plaint and pray in amended plaint for demolition of wall constructed illegally during pendency of suit.
PRAKASHCHANDRA MARU
(Querist) 19 June 2014
thank u sir that i have already drafted application O 6 R 17 of CPC for amendment in plaint and pray in amended plaint for demolition of wall constructed illegally during pendency of suit.but what is about the hearing of exhibit 5?
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
What is the description of Exihibit-5? furnish full details so that you will get proper opinions.
PRAKASHCHANDRA MARU
(Querist) 21 June 2014
in description i have demanded interim relief to prevent defendant not to construct wall in my plot but defendant produced the sale deed in favour of him which is executed before my sale deed in this way he has prior right in this land
T. Kalaiselvan, Advocate
(Expert) 22 June 2014
Now, though he has a sale deed dated prior to your sale deed, since you have filed an application to remove encroachment/appoint commissioner for measuring and finding out the encroached portion etc., you, though not have been given an injunction,proceed with the application and fight for your cause, don't withdraw your application, let the court decide on it.
