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interim injuction against brothers not to use the tubewell till the matter is disposed.

(Querist) 29 July 2008 This query is : Resolved 
interim injuction against brothers not to use the tubewell till the matter is disposed.

author : anil advocate

whether it is possible or not if yes how it may exercised Because i am just newly licenced for an advocate & at present i am pursuing LL.M from K.U.K.

sir ,
i have one tubvell for the purpose of irrgation to their land .But for a one year my three brothers prohibit me to get my right to get to use the tubvell.
we are three sharers in this tubvell.
so pls tell me to get my share as become according to the value of the which is set to be on the basis of self-compromise

I want to get my share because they were qurrelled to me regulerly on the basis of to get my water share.

So now i leave to use this tubvell & my lend is has no water

If i go to police station or deputy commissner for this problem they deny to help me .

And one time they filed a charge under cr.p.c sec.107&151.

So pls ,pls pls,pls sir kindly tell me what i could do their against to get my value of price of tubwell as a metter of right .

Because tubvell was named registerd my grand-father..The conection of tubvell is not their named .

so pls guidence me on such right to get my money on the basis as it is settled by a arbitrator or any other basis of compromise.....

Expert : Adv.Rajendra Kothari
Posted On : 7/27/2008 9:35:02 PM
Rate This Expert

Dear anil,so far as interiem injunction is concerned,it can be granted only the applicant has prima facie case,balance of convenience is in favour of the applicant and irrepairable loss would be caused if it will not be granted.

However you have not given details of your case.I find no irrepairable loss will be caused to your given case.So in my opinion it is not possible to grant interiem injunction.

so as you inform me sir, these above were the facts
K.C.Suresh (Expert) 01 August 2008
Dear Anil, Interim injunction is an interim relief usually given to the possessor, bonafide purchaser etc. In your case your right to water is inalieanable right. You can contest the case with proper legal advise through a competent civil lawyer. The injuction will be vaccated immediatly when the court get the actual facts. So don't worry. Use a good civil lawyer for your help.

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