Permanent injuction

prerna (Querist) 25 May 2015 This query is : Resolved
Can a tenant apply for permanent injunction under rule 39 section 1 & 2 after the decree of possession has been passed in favor of the landlord.Landlord is following the way of law for eviction and have a certified copy of decree and has also filled for execution. Will the court grant interim order.

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prerna (Querist) 25 May 2015
tenant has applied for permanent injunction with the same judge who has passed decree in favor of landlord after considering all the facts.will he get injunction or will be imposed penalty

prerna (Querist) 25 May 2015
can a tenant apply for permanent injunction under rule 39 section 1 & 2 after the decree of possession has been passed in favor of the landlord.Landlord is following the way of law for eviction and have a certified copy of decree and has also filled for execution. Will the court grant interim order.

Advocate Bhartesh goyal (Expert) 25 May 2015
No,tenant 's application u/o 39 r 1$ 2 of cpc is not maintainable in same court who has passed the decree however tenant can file appeal in higher court along with an application for stay of execution petition.

prerna (Querist) 26 May 2015
thank you sir...appreciate your help.

T. Kalaiselvan, Advocate (Expert) 31 May 2015
The tenant can move the appellate court with an appeal and not with an injunction suit against the order of the same court.