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Injunction

(Querist) 01 December 2011 This query is : Resolved 
D/Experts.
One title suit is pending in session court since last 15 years, due to injunction, and non maintenance of the house the condition of house has been deteriorated to the extent it may fall down partially and cause harm to the residents (defender). What option available for the defender to repair the house. Can he repair with the permission of court. Is there any separate appeal to be filed in court for this purpose.
Thx. and reg.
prabhakar singh (Expert) 01 December 2011
An application praying urgency of repairs along with affidavit should be moved in court the case is pending along with an application
to issue commission also.
ajay sethi (Expert) 01 December 2011
yes you can move the court for permission to carry out repairs . take out a notice of motion for said purpose . enclose photographs showing condition of the house .
Rajeev Kumar (Expert) 01 December 2011
Yes you should make an application to the court seeking permission for repair of the deterioting house due to the urgency. Enclose the pictures of this house with an application
AAK (Expert) 01 December 2011
Yes i do agree with experts. The court can modify its injunction order.. move an application along with affidavit seeking permission.
Sachin Bhatia (Expert) 01 December 2011
agree with the above experts
M. R. Khan (Querist) 03 December 2011
many thx. to all experts..
Devajyoti Barman (Expert) 03 December 2011
Yes I agree too.
Shailesh Kr. Shah (Expert) 05 December 2011
Yes, do as advised.
J K Agrawal (Expert) 09 December 2011
File an application under order 39 rule 4 of CPC.
M. R. Khan (Querist) 10 December 2011
Many thx..


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