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Dr_Stan (abc)     07 November 2019

Continuation of interim injunction

Dear All

The High Court has granted us an interim injunction in 2016 regarding maintaining status quo of possession and title of a disputed property and the RSA is still ongoing. Recently, in May 2019 the Judge passed an order saying that the matter is adjourned until August 1st 2019 and that the interim order is valid only in matter of injunction to continue only until adjourned date.

On August 1st, the case was listed under a different bench and the Judge was on leave, thus further listing the case for January 2020.

My question is that in this case, does the temporary injunction remain in place, since the next Judge was on leave and no proceedings could take place?

The disputing party has filed a partition suit in the lower court in the meantime. Is such a suit amenable, does it constitute contempt of the High Court interim injunction if it is in place?

Thanks!



Learning

 3 Replies

Sb Karma   08 November 2019

Originally posted by : Dr_Stan
Dear All

The High Court has granted us an interim injunction in 2016 regarding maintaining status quo of possession and title of a disputed property and the RSA is still ongoing. Recently, in May 2019 the Judge passed an order saying that the matter is adjourned until August 1st 2019 and that the interim order is valid only in matter of injunction to continue only until adjourned date.

On August 1st, the case was listed under a different bench and the Judge was on leave, thus further listing the case for January 2020.

My question is that in this case, does the temporary injunction remain in place, since the next Judge was on leave and no proceedings could take place?

The disputing party has filed a partition suit in the lower court in the meantime. Is such a suit amenable, does it constitute contempt of the High Court interim injunction if it is in place?

Thanks!

 

Yes remain same

 

1 Like

Dr_Stan (abc)     08 November 2019

Originally posted by : Sb Karma



Originally posted by : Dr_Stan



Dear All

The High Court has granted us an interim injunction in 2016 regarding maintaining status quo of possession and title of a disputed property and the RSA is still ongoing. Recently, in May 2019 the Judge passed an order saying that the matter is adjourned until August 1st 2019 and that the interim order is valid only in matter of injunction to continue only until adjourned date.

On August 1st, the case was listed under a different bench and the Judge was on leave, thus further listing the case for January 2020.

My question is that in this case, does the temporary injunction remain in place, since the next Judge was on leave and no proceedings could take place?

The disputing party has filed a partition suit in the lower court in the meantime. Is such a suit amenable, does it constitute contempt of the High Court interim injunction if it is in place?

Thanks!





 

Yes remain same

 

Thanks for the confirmation Sir! So we should expect the partition suit to be dismissed since temporary injunction is in place?

Sb Karma   09 November 2019

yes


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