Raj (other) 29 March 2014

How to file a injunction order

Hello,

Can some one please enlighten me the procedure for injunction order? Specifically I am looking for the documents required.

I currently have ROR, pahani and registration document on a land but don't have a pass book . This land was purchased in 1978. Will I be able to file an injunction order without the passbook? Also what is the procedure to get a passbook?

To give a back ground : I have around 1 acre of open land . Recently the person next to my plot tried to laid down stones claiming that it is his ancestral property and has patta documents.

Thank you for your time.

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4 Replies

Dr J C Vashista (Advocate) 29 March 2014

Contact/engage a local lawyer, show all relvant documents and proceed as advised

K.K.Ganguly (Advocate) 29 March 2014

1. Injunction petition can not be a stand alone petition,

2. It has to be associated with a suit,

3. File a declaratory suit before the concerned Court praying for declaration that you are the title holder of the said disputed land,

4. Alongwith the said suit, file a petition under Order 39 Rule 1 & 2, praying for s stay order restraining the opposite party to encroach in to the didputed land or directing all the parties to maintain status quo till the suit is disposed off by the Court.

T. Kalaiselvan, Advocate (Advocate) 29 March 2014

The documents to prove title or possession of the property by you are essential for filing an injunction suitor declaratory suit combined with injunction petition. the patta pass book is not a title document, the registered sale deed document alone will speak for you. Contact a lawyer conversant with the property law and proceed as per his advise.