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Injuction order

(Querist) 10 December 2013 This query is : Resolved 
Dear sir
my father has filed a partition suit the case is still pending in the court its almost one year 6 months,my father is under Dialysis treatment,the six acres of land is under the control of his last brother past from 40yrs,my father has decided to write a request letter to judge to allow us to till the land of our share,or to get the injunction order,can the request letter of my father will help the purpose.kindly do the needfull.
regards
prakash
Nadeem Qureshi (Expert) 10 December 2013
Deae Querist
file injunction suit under order 39 rule 1&2 of cpc before court. on the letter of your father the court has no power to pass any stay order.
feel free to call
BAALASUBRAMANNYAMM (Expert) 10 December 2013
You can file an Injunction Petition in the present partition suit, and the court definitely grants injunction order in your favour.
R.K Nanda (Expert) 10 December 2013
nothing more to add.
Rajendra K Goyal (Expert) 10 December 2013
Well advised by the expert.
Raj Kumar Makkad (Expert) 10 December 2013
Your father is no dialysis and his injunction suit is pending in the court and you desire to get injunction order against your uncle who is having the possession over the suit property since last 40 years.

Understand, no interim injunction order shall be favourable for you except seeking alienation. Final judgment qua mandatory and permanent injunction order shall suffice.

Better to consult your lawyer. The court can be prayed to disposed off the case at the earliest keeping in view the condition of your father.
prakash (Querist) 25 March 2017
Dear sir
my father died 2yrs back,his elder brother who his having 6acers of land in his name,his health condition also not good aged 85ys,the judge every time gives the date,if elder brother of my father dies ,what will be the status of the case,why civil cases regarding the land or a partition deed will not get injection order.
regards
prakash


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