LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harsha (engineer)     18 March 2024

Injunction suit on the suit ceased before high court

Hi Learned Councels,

Need your advice. 

There was a suit filed by plaintiff challenging the forged sale deed in lower courts, however the case was dismissed. When plaintiff approached the High Court, the High Court granted a stay order on a suit schedule property and on all the orders by lower courts also not to create third party interest by defendants. However, defendants now file an injunction civil suit on the same suit schedule property pending before High Court without informing the civil court about the High court stay order.
Could you please help me with any citation or any  order in CPC to quash the current civil case in lower court.
Regards
Harsha
 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     18 March 2024

This is not a crimninal case that you can file a quash petition 

The original suit filed by you was for a different subject and that is pending before high court 

The current suit filed by them is for injunction.

on receipt of summons you can appear before this court and file a petition along with the copies of the pending case and seek court's permission to dismiss the case if it is a res judicata or in violation of the high court interim orders.

Dr. J C Vashista (Advocate )     19 March 2024

The suit is stated to have already been dismissed by lower Court and appealed before High Court, isn't it?

Trail court has no locus / authority to entertain any application in the suit already stated to have been dismissed and/or intervene in a case pending before High Court.

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

The client has not furnished proper details hence any opinion given to his query would be a misleading fact, hence let him revert with proper details so that he will be properly advised


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register