Temporary Injunction

Chetan (Querist) 29 July 2010 This query is : Resolved
How to vacate the T I

Pls provide Section and Case Laws...

urgent

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Devajyoti Barman (Expert) 29 July 2010
The prayer for vacating interim injunction is made u/o 39 rule 4 of cpc. There is no straight jacket formula to vacate such order. The glaring illegality in the order as regards subject matter of the suit or other facts not in conformity with the reality is amongst several grounds for vacating it. Please keep it in mind that the courts are loath to vacate the interim injunction unless a very foolproof case is presented against it.

B K Raghavendra Rao (Expert) 30 July 2010
You are just asking for procedure which has been well said by Sri Devajyoti Barman. If you want further guidance, you need to give details of the case and under what circumstances the TI was granted. It is possible to get it vacated either in the same court or by the appellate court.

G. ARAVINTHAN (Expert) 30 July 2010
Please provide moire facts, so that our experts say their opinion in full

Raj Kumar Makkad (Expert) 30 July 2010
It is dangerous to make fake comments without having facts of the case in hand. So provide the facts first and obtain the opinion of experts thereafter.

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