Injunction order

Querist :
Anonymous
(Querist) 20 December 2011
This query is : Resolved
Dear Sir,
1)In sanctioning permanent injunction order, Defendant has filed petition for survey the schedule property through Mandal Surveyor with the help Court Commissioner.
2)Defendant obligation is schedule property belongs to another person (Not to Defendant) , which is encroached by plaintiff.
3)But third person is not party in this case.
4)Defendant has no right on the schedule property.
5)Plaintiff has title over the property (Sale deeds, Power bill, Panchayat tax).
6)possession over the property accepted by the defendant.
7)Court has issued order to survey the schedule property.
8)I have challenged the order at High Court.
9) I request to you sir, Please give any high court decisions in favor of Plaintiff to dismiss the commissioner appointment for survey the land
10) What are the plaintiff rights over the defendant when the defendant has the no title
Raj Kumar Makkad
(Expert) 15 January 2012
If defendant has no title over the property and it belongs to third party then the plaintiff shall have to withdraw his case against that defendant which has no relation with the suit property.