Clarification regarding ad-interim order of injunction
sai
(Querist) 08 August 2011
This query is : Resolved
The operative portion of the order verbatim is as follows.
Application Under Order 39 Rules 1 and 2 Read with Sec151 of the Code of Civil procedure 1908, the plaitiff above named submits as follows:
That for the reasons stated in the accompanying affidavit, the plaintiff pray that this Hon'ble court may be pleased to pass an ad-interim order of Injunction restraining the defendants 1 to 21 their agents, PA Holders, nominees any persons claiming through or under them from alienating or in any way encumbering the suit schedule property or portion thereof, pending disposable of the above suit, in the interst of justice.
Please clarify whether the above prevents us from further construction of the house in the disputed property, the construction of which is complete till roof moulding level.
R.Ramachandran
(Expert) 08 August 2011
Dear Sai,
You asked this question earlier in another thread where it was answered. If you have any further query with reference to the said thread, you should post your supplementary queries in the same thread for the sake of continuity, instead of opening another fresh thread.
I do not encourage persons from opening fresh threads on the issue for which there is already a thread.
Therefore, please revert to your original thread for any supplementary queries.
I for one would not be answering anything in a fresh thread.
adv. rajeev ( rajoo )
(Expert) 08 August 2011
No. There is nothing to restrain you from making construction in the application.
M/s. Y-not legal services
(Expert) 08 August 2011
Yes mr.sai. Just continue your earlier query.. Just post this on that earlier thread. Its will be easy to clear your self.
Advocate Rajkumarlaxman
(Expert) 08 August 2011
As per Experts put in the supplementary queries. And as far as your query is concrened there is no restraint to construct and hence you can go ahead with the construction
Arun Kumar Bhagat
(Expert) 08 August 2011
You can carry on the construction. It is not restrained.
prabhakar singh
(Expert) 08 August 2011
BUT YOU SEEM TO HAVE POSTED ONLY PART OF THE ORDER,IT CAN NOT BE FULL ORDER IT JUST DEAL WITH FACTS STATED IN AFFIDAVIT OF PLAINTIFF,WHERE IS THE OPERATIVE PORTION OF THE ORDER???????
ANY WAY IF THIS THE ORDER, THEN ON YOUR EXCLUSIVE RISK,I OPINE, THE PLAINTIFF HIMSELF HAS NOT PRAYED THE COURT TO RESTRAIN YOU FROM RAISING CONSTRUCTIONS,SO NO PRAYER NO RELIEF.
