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Arun (Engineer)     13 September 2012

Ad interim injunction in a dispute

Me  and my uncle have put pumpsets in a well that is in my uncle's land. According to land record we have rights to draw water from well but through my uncle's pumpset i.e we are not supposed to install new pumpset. Six years back we have put a new pumpset and my uncle did not had any objections on this. Now he has failed for temperory injunction on two points.

1. We should not install any new pumpsets.

2. We should draw water from only his pumpset.

Court has issues a exparte ad-interim order that we should not install new pumpset( point 1) and asked us to attend hearing. We are not planning to pursue this case because of some constraints and planning not to attend court.

a) Is this hearing regarding ad-interim injunction that court has issue on point 1 that we should not install new pumpset.

b) Is this a hearing on both points. Can court give him a injunction restraning us from drawing water through our own pumpset?

Only two out of 4 people have received this ad-interim injunction from court and tomorrow is hearing. So will hearing happpen as two people are not informed about hearing?

Attached file have more info.

Please advise.

 

 

 

 



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 5 Replies

Rasik Dagli (Lawyer)     13 September 2012

First of all no attachment is found.

The notice served by the court must be a summons to appear in Court.You must appear otherwise exparte order

can be passed by Court. If you do not contest the suit, the Court may make  final order and  judgement against you.

Those who are not served may appear after they are served.

Rasik Dagli

Advocate

rvdadvocate@gmail.com

Arun (Engineer)     14 September 2012

Thanks Mr. Dagli for your reply..

But my concern is whether hearing is about only point 1 or both points i.e whether ad-interim injunction or complete temperory injunction.

 

 sorry this website did not allow me to attach file.

Rasik Dagli (Lawyer)     14 September 2012

Hearing will be for all points. It is possible that court may adjourn the matter. But in that case you will be not be served again with notice and case againast you will proceed exparte.

Rasik Dagli
advocate

rvdadvocate@gmail.com

Arun (Engineer)     14 September 2012

Thanks Mr. Dagli. Today was the hearing and I missed it. How will I know the outcome of today's hearing?

Rasik Dagli (Lawyer)     14 September 2012

Visit the Court Office with case No. inquire to the concerned clerk and you will find the next date .

Do appear on that date by enganging a lawyer.

Rasik Dagli

Advocate

rvdadvocate@gmail.com


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