VRK (business) 11 November 2021

Mandatory injunction or temporary injunction??

Number of plots in a layout occupied with double registration deeds by corporate companies, plot owners living in abroad and some other cities, corporate companies started construction, plot owners trying to file declaration of title with injunction, which injunction better to stop construction immediate, mandatory injunction or temporary injunction??

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Quick Summary

When facing issues with double registration deeds on plots, plot owners need to stop construction quickly. While a mandatory injunction aims to remove illegal constructions, it's typically granted later in legal proceedings. A temporary injunction, filed alongside a suit for declaration of title, is generally the more effective option for immediately restraining further construction at the initial stage.

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RAJYA LAKSHMI BANDARU 11 November 2021

Dear client,
It is better to file temporary injunction petition along with a suit for declaration to immediate stop of construction. You pray the court temporary injunction as a consequential relief along with suit for declaration.

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Advocate Bhartesh goyal (advocate) 11 November 2021

Plot owners should file suit for declaration of title and injunction with petition for temporary and mandatory injunction . Temporary injunction to get restrained opposite party for further constructions and mandatory injunction to remove illegal constructions. Generally mandatory injunction is not granted by courts at initial stage of proceedings but grants after completion of trial at the time of final decision

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