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Biju (PM)     09 May 2011

Injection Order

Hi,

   I had 1 acre land in my home town which has panchayat  Road at west side. Two years before I put a road inside my 1 acre land connected to the road to my home.

Two month before another land owner next to my land (South side) took a connection from this Road without permission. He is already having another way to his home and land from other side.

Since I am staying at Bangalore I notice this incident and I told him we cannot allow this new road inside our land. But he put an injection order such a way that we interpreted his way.

I approached one lawyer and he is taking it forward this case.

My question is that, since there is injection order there, he can do whatever he want? Mean he can put boundary to that new road and star moving his vehicle and others activates? Or he need to wait till court take final decision?

If he does some thing like this based on injection Order, how can I stop that with legal action?

Need your suggestion in above two question.

Regards

Biju



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 6 Replies

Kiran Kumar (Lawyer)     09 May 2011

firstly its not injection order but 'injunction order'

 

the interim injunction granted by the court is binding upon both the parties and its has to be interpreted strictly.

 

if you are allowing the other party to make alteration in the nature of the property then you are allowing him to create evidence in his favour.

 

since you have not mentioned the detailed order passed by the trial court, it will be better to visit your lawyer and show him the latest photographs of the place in dispute and if there is a violation of the interim orders then proceed with appropriate application before the court which granted the interim injunction.

Biju (PM)     09 May 2011

Thanks a lot for quick response.  Currently the Road he is constructed by is build 4-6 weeks before and he is having another passage 3-4 Feet widdth from other side and he was using that part 40-50 years.

The lower is having all our detail which we have all legal rights since our all documents are correct for the road and this land.

Injunction order says that we interrupted his road.

My question is that using this injuction Order whether he can use the road or he need to wait till court final judgement.  We appointed the lawyer after getting this order and since court is on summar vacation it will take time?

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2011

Let me know whether the suit filed by the person is for declaration and injunction.  Because he cannot file bare injunction suit against you he has to claim easementary right.

Biju (PM)     09 May 2011

I am not sure the legal terms.

He made a declaration saying that he is using this road past 12 years, but someone inspects they can easily make out that it is got consturcted 6 week before.

Based on this he got the injunction. I am not sure some one came from vacation court to inspect the place. This incident happened just 2 days before.

sharada (Audit Assitant)     01 December 2011

Firstly whether the property belonging to the father can be distributed between men & women children or should be distributed only among men children?

sharada (Audit Assitant)     01 December 2011

Property belongs to the father( who has expired). It has been distributed among men children already. One of the women child has bought injuction order. Will the injuction order stand in the court? what does injuction order literally means? Please do clarify?


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