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NRV   20 September 2021

Can we file injunction suite without declaration of title?

Any one cane tell can  we file injunction without declaration of title? if yes can court grant injunction? generally why file declaration of title for injunction??



 5 Replies

Shubham Bhardwaj (Practice)     20 September 2021

Dear Sir, The answer to your query is 'no'. There can be no injunction without a suit for declaration of title or any other substantive suit. Injunction is only a temporary relief granted when a suit is filed for a substantive relief and the court of is of opinion that the purpose of suit will be lost if injunction is not granted. In case you want only injunction then you must apply to District Magistrate under Cr PC. Under Part D of chapter X Cr PC, the District magistrate may grant certain injunctive relief. However I must inform you that It will also be temporary and eventually you will either have to file a suit or the injunction would be vacated. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Dr. J C Vashista (Advocate and Legal Consultant)     21 September 2021

No injunction can be granted to the person who does not have title /locus standi to the property. I agree with detailed explanation, opinion and advise by expert Mr. Shubham Bhardwaj.
1 Like

Advocate Bhartesh goyal (advocate)     21 September 2021

No title- No injunction.

G Krishna Rao (Advocate)     21 September 2021

Title is not important in a suit for injunction. If you have possession and having document such as property tax, electricity, water bills and receipts, you can file a suit for injunction

P. Venu (Advocate)     21 September 2021

What are the facts? What is the context?

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