Clarification regarding interim injunction ordrrs.
Maria Joseph
(Querist) 05 June 2016
This query is : Resolved
sir, i am a respondant of a writ petition in High court.(ENCROACHMENT CASE).The petitioners got Interim injunction 2 times which are as follows.
1) Order dated 19/11/2015
NOTICE OF MOTION RETURNABLE BY THREE WEEKS.PRIVATE NOTICE IS ALSO PERMITTED.IN THE MEANTIME,THERE WILL BE AN ORDER OF INTERIM INJUNCTION.
2) Order dated 8/12/2015
AT REQUEST,POST AFTER TWO WEEKS.INTERIM ORDER ALREADY GRANTED,IS TO CONTINUE.
REQUIRE CLARIFICATION:
Sir,i want to know
1)whether interim injunction granted is in force or not for the present date???
2)Almost 6 months completed from the date of last order.Interim is live or not?
3)Does it requires another application to get a new interim order?
4)Municipality team is trying to remove the encroachment as they are saying interim injuction is not available for present date??
5) Whether doing eviction by municipality is legal or illegal for this present date???
Please give suitable solution to get again of interim injunction order.
Thank you
Devajyoti Barman
(Expert) 05 June 2016
1. It is no more under force as by the month of February,2016 the court should have further extended the injunction order.
2.same as above
3.Yes, you have to file another application and explain your failure to do so in the month of February,16.
4.Yes, they are right.
5.It would be legal.
RAVI K GOUD
(Expert) 06 June 2016
If the Interim stay is granted for a specific period, the petitioner has to file an extension application for the extension of the stay for further period before the expiry of the existing stay.
If the Interim Stay is granted till further orders by the court, then no need to file an application for extension of stay. This type Interim orders will subsist till its vacation or amendment by the court.
If the stay is not in force, if Municipal authorities evict you from the premises then its legal otherwise illegal or contempt of court.
Maria Joseph
(Querist) 07 June 2016
Thank you sirs for your response.but in my order it is not clear whether interim injunction is in force or not? After second order there are no more hearings in the court and no more further orders from the court.almost 6 months completed from the date of last interim order.Municipality has already filed vacate petition and counter petition in the month of december 2015.
Pls guide me about the second order and give me the meaning for the same.
Thank you
Devajyoti Barman
(Expert) 07 June 2016
The interim order is vacated. File petition for extension of interim order explaining the delay in filing the same.
RAVI K GOUD
(Expert) 07 June 2016
We can tell you exactly only on referring your both orders, so try to post your orders.
Rajendra K Goyal
(Expert) 08 June 2016
Full case file and orders of court need to be referred, discuss with your lawyer.
