Based on my sale deed and register GPA 241OF 1987 it's confirmed and evident that my plot is in sy no 332, is it possible to file injunction petition against on sy 332 owners with my sale deed of 1994 as evidence document.
Let, sy no 332 owners respond or prove in lower court that my plot is not in sy no 332, no one made illegal transactions till date and prove that no one is illegally occupied my plot..?
Kindly clarity injunction order can be file on owner's of 19 acre land of sy no 332.
This question because my plot is not traceable on ground of sy no 332, it has gone under relayouting and double registration,i don't have old layout to get survey the enitre sy no 332...
Filing an Injunction Petition
Based on your sale deed and registered GPA 241 of 1987, you can file an injunction petition against the owners of Sy No. 332. Here’s how you can proceed:
1. **Prepare the Petition**:
- **Draft the Petition**: Include details such as your name, the names of the respondents (owners of Sy No. 332), and a clear statement of facts leading to the need for the injunction.
- **Legal Grounds**: State the legal basis for seeking the injunction, including relevant laws and precedents.
- **Relief Sought**: Specify the injunction sought, such as prohibiting the respondents from making any transactions or changes to the property until the dispute is resolved.
- **Supporting Documents**: Attach your sale deed of 1994 and any other relevant documents as evidence.
2. **File the Petition in Court**:
- **Choose the Court**: File the petition in the appropriate civil court that has jurisdiction over the property dispute.
- **Court Fees**: Pay the required court fees associated with filing the petition.
3. **Serve Notice to the Respondents**:
- **Issue Notice**: Serve a copy of the injunction petition and any court orders to the respondents, informing them of the petition and the court date.
- **Proof of Service**: Ensure that proof of service is filed with the court to confirm that the respondents have been notified.
4. **Attend the Hearing**:
- **Present Your Case**: Attend the court hearing to present your case. Provide evidence and arguments supporting the need for the injunction.
- **Respondents’ Argument**: The respondents will have the opportunity to present their counterarguments.
5. **Court’s Decision**:
- **Grant or Denial**: The court will decide whether to grant or deny the injunction based on the evidence presented.
- **Issuance of Order**: If granted, the court will issue an injunction order specifying the actions that must be taken or prohibited.
Legal Grounds for Injunction
- **Prima Facie Case**: You need to establish a prima facie case showing that your plot is indeed in Sy No. 332.
- **Irreparable Harm**: Demonstrate that you will suffer irreparable harm if the injunction is not granted.
- **Balance of Convenience**: Show that the balance of convenience is in your favor.
Additional Steps
- **Land Survey**: Since your plot is not traceable on the ground due to relayouting and double registration, you may need to get a land survey done by a government-approved surveyor to establish the exact location and boundaries of your plot.
- **Consult a Lawyer**: It is advisable to consult a lawyer who specializes in property law to guide you through the process and represent you in court if necessary.
I hope this helps! If you need further assistance, feel free to ask.
: [How to File an Injunction Petition] https://law4u.in/top-answer/249/how-to-file-an-injunction-petition: [Drafting an Application for Temporary Injunction] https://blog.ipleaders.in/draft-application-grant-temporary-injunction/
: [Land Dispute Resolution Procedures in India] https://vishalsainiadv.com/civil-cases/land-boundary-dispute-resolution-procedures-in-india/
: [Ways to Resolve Property Disputes in India] https://www.legalkart.com/legal-blog/ways-to-resolve-property-disputes-in-india
: [Handling Land Disputes in India] https://www.leadindia.law/blog/en/how-to-handle-land-disputes-in-india/
