manu (advocate) 25 October 2008
Sirs,
is suit for injunction maintainable against co owners of the property?
what if one of the co owners wanna make some improvements in the property??
can he be prevented by other owners??
which is the specific provision that deals with suit for injunction against co owners???
is there any latest judgments in this regard???
GOPAL SINGH SAINI (ADVOCATE) 25 October 2008
yes u can file a suit for injunction against co owner if he encochment the vauleable side on road side with out getting the partition :citation PLJ 1984 PAGE 204 TITLE AS BHARTU V/S RAMSARUP AND RCR{CIVIL}2000{3}PAGE 70 AS TITLE BACHANSINGH V/S SARWAN SINGH.
amarendra (lawyer) 26 October 2008
have a look at specific relief act. file a suit for partition and move the court for an interim relief u/o39 rule 1/2 cpc. with a prayer to maintain statusquo over the land in dispute
prof s c pratihar (medical practitioner &legal studies) 26 October 2008
the grant of injunction is in the nature if equitable relief, and the court has undoubtly power to impose such term s andconditions as it thinks fit..the first rule is that the applicant must make out a primafacie case in support of the right claimed by him.r 1 O39 no doubt enumerates circumstances in which court may grant interim injunction.(monoharlal vs seth hiralalAIR1962sc527)
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