the land owner and pattedar is in Gulf. adjucent owner is interfering into his peaceful possession. then the wife and son of the pattedar can file an injuction suit against the adjucent owner without taking the general power of attorney from the owner of the property under which section, rule and order of the cpc.
Anonymous
25 December 2011 at 22:37
IN A CASE RELATING TO ENCROACHMENT OF COMMON AREA OF AN APARTMENT COMPLEX WHICH WAS BEING DONE UNAUTHORIZED AND ILLEGALLY A MINISTER WHO IS KNOWN TO THE PERSON WHO HAS DONE THE ENCROACHMENT HAS WRITTEN A LETTER TO THE COMMISSIONER OF THE CORPORATION REQUESTING HIM TO REGULARIZE THE SAID CONSTRUCTION AND THE PARTY ARE WILLING TO PAY THE REGULARIZATION FEE.
LATTER, SOME OF THE APARTMENT OWNERS WENT TO THE HIGH COURT AND TOOK A STAY OF CONSTRUCTION PENDING ORDER.
EVEN WHEN THE CASE IS PENDING IN THE COURT THE SAID MINISTER HAS WRITTEN A LETTER TO THE MINISTER OF MUNICIPAL ADMINISTRATION REQUESTING THE SAME.
THERE IS ALREADY A CONTEMPT CASE PENDING IN THE HIGH COURT AS THE PARTY WHO MADE THE ENCROACHMENT DID NOT HEED TO THE COURTS DIRECTION.
CAN THIS ACTION OF THE MINISTER UNDER THE PERUSAL OF THE PARTY ALSO ATTRACTS CONTEMPT OF COURT.
Anonymous
25 December 2011 at 20:46
Dear Experts,
1) Can the trail court disposes the Suit without waiting for the result of the CRP filled (against I.A dismissed by the trail court)in High court by the plaintiff?
2) Can the plaintiff request the trail court to wait for the result of CRP ?
Thanks in advance
Anonymous
25 December 2011 at 20:41
Dear Experts,
My brother stays on 1st floor and I on ground floor. He invades my privacy on ground floor by giving lame excuses to come into my area for seeing my ailing father. Can I get an ad-interim injunction to restrain him from coming into my portion. Any judgments will help!!! Thanking all of you.
Anonymous
25 December 2011 at 19:37
I and my mother have Joint Account Fixed Deposits as Joint Holders as "Either or Survivor".
1.Will the other legal heirs of my mother(my siblings) also have rights on the said Fixed Deposits after my mom expires.
2.If my mom nominates me on the said account - Will the other legal heirs still have rights to these Fixed Deposits.
3.Whats the best way to safe guard my self from my siblings to any right over the said Fixed Deposits.
4.Can a will by my mother can be an option to the same.
Thanks.
Anonymous
25 December 2011 at 16:48
Amendment in the main plaint sought U/O VI R 17. Prayer for adding two paras with Medical Certificate which could not be presented earlier. The other side Adv. objected :1) Amendment is not addition. 2) Amendment cannot be made after Affidavit of Exam in Chief.
Opinion is that amendment can be made even at appellate stage.
Pl held in providing study on the word "amendment" and SC citation on amendment even at appellate stage.
Anonymous
25 December 2011 at 15:34
If plaintiff is asking for STAY ORDER (Mandatory Injunction), and Court is not giving STAY after 4 hearings date. Than,
1. Is it possible that Defendant can continue their work on which P is asking stay?
2. Under which clause of cpc this can be possible?
Anonymous
25 December 2011 at 14:52
Hello Sir,
I was just going thru lawyers club inida site when i came across one of ur profile. my father is the owner of a room in a C.H.S. ltd in mumbai. we are facing water problems as almost every other house is getting some amount of water. every house has got the additional water tanks with more tha reqd capacities of water and further they are also using water pumps to increase the flow. the society is in a T-shaped layout and the corner house adds to our woes. pls advise if the same can be sorted out in some manner.
Anonymous
25 December 2011 at 10:17
Sir
Plaintiff want to add some more people under U/o 1 rule 10 in civil suit. As I made objection that single person can't initiate such type of suit individually.
What is the provision? Is court bound to allow more persons?
Pil
Can any of PIL by 4 persons get stay order on any construction, if the construction is as per law in effect..