ravikanth lakkakula 13 July 2023

Exparte temporary injection order vacation

Sir, how to vacate exparte temporary injection order in civil land disupte, written statement already submitted. 18 months completed. OS 59/2022, peddapalli junior Civil judge, Telangana state.

Re-registration stopped in subregister office.

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Quick Summary

This discussion addresses how to vacate an ex parte temporary injunction order in a civil land dispute, particularly when a written statement has already been submitted and 18 months have passed. The recommended legal recourse is to file a petition under Order XXXIX Rule 4 of the Civil Procedure Code (CPC). This application is applicable when the injunction was granted based on false or misleading statements in the original application or supporting affidavit, and the order was issued without prior notice to the opposing party.

3 Replies

P. Venu (Advocate) 13 July 2023

You have not posted the complete facts.

T. Kalaiselvan, Advocate (Advocate) 14 July 2023

You can file a petition undr order XXXIX rule 4 cpc.

An application under Order 39 Rule 4 CPC is permissible only if in the application seeking temporary injunction or in the affidavit supporting such application, a party has made false and misleading statement in respect to a material particular and injunction was granted without notice to the opposite party.