Residential to commercial property

amol (Querist) 07 April 2022 This query is : Resolved
Respected Sir / Madam,
In partition suit of residential 2 property our(plaintiff) temp. injunction is accepted by honr. court. Opposite side 4 defendants who are brother of plaintiff.

But we come to know even after court order, one defendant has converted one residential property from residential to commercial property for commercial use and . We come to know when defendant installed commercial water connection.

Honr. court order in temp injunction is as below:

" Defendants are restrained by issuing temporary injunction from alienating or disposing of suit property or from creating any third party interest or restrained from constructing on suit property till the final adjudication of the suit "

What are the things covered under words "alienating", "disposing of suit property" and "creating any third party interest"?

Can above temp. injunction restraining order covers and restrict defendants from conversion of residential property to commercial by words "alienating", "disposing of suit property" and "creating any third party interest" ?

Which word in order is necessary in court order to restrict conversion of residential property to commercial?

Can I file another inunction application for this or only informing court is sufficient?

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Quick Summary

A temporary injunction was granted to prevent defendants from alienating, disposing of, or constructing on a property. However, one defendant converted a residential property to commercial use, evidenced by a commercial water connection. The user questions if the current injunction covers this conversion and what specific wording is needed to restrict such changes. Advice suggests this conversion might not be covered and recommends filing an application to modify the injunction to include a status quo order.

kavksatyanarayana (Expert) 07 April 2022
"restrained from constructing on suit property till the final adjudication of the suit" as per this word the parties cannot do anything till the final disposable of the case.

Dr J C Vashista (Expert) 08 April 2022
" Defendants are restrained by issuing temporary injunction from alienating or disposing of suit property or from creating any third party interest or restrained from constructing on suit property till the final adjudication of the suit "

Order passed is absolutely clear where the parties are restrained to part away possession and/ or do any construction work.

It is advisable to consult your lawyer, who is well aware about facts and circumstances of the case competent and intelligent enough to satisfy your questions and engaged / paid by you for the purpose.

Advocate Bhartesh goyal (Expert) 08 April 2022
In my opinion injunction granted by court does not restict defendants from conversion of residential property to commercial. You ought to had preyed to restrict defendants to maintain status quo of property. File petition u/ o 39 r 4 cpc to modify the injunction order.

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