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Jayanti Patel   05 October 2018

Regarding temporary injunction in a civil litigation

Brief facts of the case :

1) I have rights to ancestral agricultural land inherited by my mother from her father. There are some disputes in the family and there are civil and revenue cases related to inheritance, partition according to Hindu Succession Act.

2) I have filed several cases in civil and revenue courts. I am plaintiff and other relatives are defendants.

3) The cases in all the courts are pending.

4) Other  claimants (defendants) to the land have legally registered an agreement for sale of land in the name of a group people who are builders(not related by blood).

5)I also figured out that defendants had applied for NA permit at Collector's office and under false affidavit they have acknowledged that there are no cases pending in any of the courts. However in the registered agreement for sale of land they have acknowledged that civil and revenue cases are pending. They are misleading the collector office in their NA application.

 

My Questions are as follows:

1) Am I entitled for an injunction? I have already demanded for it in my civil and revenue cases.

2) My lawyer suggests it may take 9-12 months to get temporary injunction. Should it take that long?

3) The defendants are changing the status of the said land on a regular basis after these cases have been initiated against them. What is the immediate relief I am entitled to?



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 1 Replies

manoj   05 October 2018

Give representation before the District Collector stating that some civil suits are going on the properties specified in the representation.  Request the District Collector not to proceed in the above properties till the disposal of the suits. In pending suit you can ask the court to grant interim order till the disposal of the suit not to alienate.

V E MANOJ  KUMAR

ADVOCATE

CELL NO 8686159292


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