Injection order
alex
(Querist) 26 May 2013
This query is : Resolved
I own a vaccant land with all title deeds encumberence and katha tax up to date. recently some land grabers ( local rowdies )try to built a shed on my property, when i protested they asked me to approch court if i can.
I approched the court and brought an injection order and applied for the demolion oder and i got the injection order ,stopped the contruction with the help of police.Now after issuing 4 summons they are not appearing to the case hearing and court ordered amina to hand over the summons to the opp. party still they did not appear.
I want to knwon,how many summons will court issue, i case they dont appear to the case hearing next time what will happen. i have asked for the demolision order also . will court grant me this order in the next hearing?if i go near my plot they threand me.
Rajendra K Goyal
(Expert) 26 May 2013
If the summons can not be served in ordinary course of nature, court may order for publication. After publication if the opposite party does not appear, ex-party orders may be issued. However, court may not issue demolition orders till summons are served.
adv. rajeev ( rajoo )
(Expert) 26 May 2013
Whether summons is served or not? If it is served and party is not appeared then they will be placed ex-parte.
R.K Nanda
(Expert) 26 May 2013
agree with experts.
Adv Archana Deshmukh
(Expert) 26 May 2013
Its an order granting INJUNCTION and not INJECTION ORDER !!!
M V Gupta
(Expert) 26 May 2013
If the summons are not served due to the evading tactics of the defendants or otherwise, the court will order substituted service by affixing the notice of summons at a conspicuous place of their known address or by publication in the news papers. If the defendants do not appear in the court after such service, they will be declared exparte and the suit will be taken up for hearing. I doubt if the court will order demolition of the structures illegally erected by the defendants without trial.As regards the threats being given to u you may lodge a compliant with the police.
ajay sethi
(Expert) 26 May 2013
agree with MR gupta
