Injunction
Ali Hassan Mirza
(Querist) 04 September 2012
This query is : Resolved
We are the plaintiffs in eviction suit and the tenants had filed a suit of injunction earlier to the suit of eviction and obtained temporary injunction but the main suit is still on trial in the junior court.
Now the Said Eviction suit has been Filed in Senior Court and orders to remit / deposit rent has been obtained in an IA and the main suit is on trail stage.
We want to close this case of injunction being the landlord (flat owner) has already taken due process of law and instituted a suit of eviction against the tenant and and the suit of eviction is filed so as to not to evict the tenants forcefully.
I got to know through some friend that there is SCC ruling stating that is landlord has instituted an eviction suit, it itself shows that he will not evict the tenants forcefully and in such case suit of injunction is meant to be closed.
Or as such if there is any ruling in regard to if a case of same cause of action is running in Senior Court then Junior court should not continue the case or should close the same
If any of you can guide me with help of pre-decided cases / ruling, it would be of great help.
Thank You.
niranjan
(Expert) 04 September 2012
Suit filed by tenant can be got transferred in the court of senior court by an application under sec.24 before the district court and both the cases should be consolidated and tried togather.
Ali Hassan Mirza
(Querist) 04 September 2012
But I want to get the case of injunction closed and not get it transferred. want to avoid lengthy procedure. I came to know that there is a SCC ruling stating as the landlord has instituted a Eviction suit, it itself shows that landlord will not take law in his hands to evict.
H. S. Thukral
(Expert) 04 September 2012
I have replied to your PM. the closest citation is Maria Margadia Sequeria ... vs Erasmo Jack De Sequeria of March 2012 wherein due process of law is discussed. this can be useful in dismissal of injunction suit.
Ali Hassan Mirza
(Querist) 04 September 2012
Thank You so Much Sir. Hoping that it suits My Requirements...!!! Thanks Again..
