Querist :
Anonymous
(Querist) 21 March 2018
This query is : Resolved
Mr.A has purchased an agricultural land from Mr. B and later A has sold this land to Mr. C.After completing all formalities, Mr.C converted this agri land and established his industry there. Now legal heirs of Mr.B have filed a civil suit stating that land being joint property and they were minors at the time of sale and Mr.B could have sold only his share.They requested the court to issue an injection to Mr.C, not to dispose of the property till the disposal of the case, which the court granted ex-parte.Mr.C has informed the court that he will abide by court's injection.Now they have requested for another injection to restrain Mr. C from carrying his business( industry ).which is before the court now.Can the court allow this? Is this not the infringement of the constitutional right of carrying his business legally?
Vijay Raj Mahajan
(Expert) 21 March 2018
No injunction against the running of the business as it's his constitutional right.
Adv. Yogen Kakade
(Expert) 22 March 2018
The order of injunction shall be the decided on the basis of merits and evidences.. and ti is the desecration of the court whether to allow or reject.
P. Venu
(Expert) 22 March 2018
It is unlikely that the court will, in the given circumstances, grant the injunction to stop a business activity.
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