Please help me with below judicial thing on eligibility to apply for an Injunction order...
We filed a case in court for partitioning of our ancestral property. We suspect that other parties might sell a portion of the property eventhough the case is still in the court. Can we apply for an Injunction order on that property while the case for partitioning the same is in the court?
Yes. And as a matter of caution & prudence it should at all times. You need to file an application for interim injunction under order 39 Rule 1 r/w 151 CPC and seek an injunction, whereby the court would restrain the other parties/their associates/agents etc from alienating the property or introducing any third party interest thereto, anything that may possibility defeat your rights as to the property.
Dear Bharat, can he file an application for interim injunction in a suit for partition and that too without filing a suit for permanent and mandatory injunction. Please clarify me on this aspect as I have limited understanding to the subject.