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dinesh gupta (business)     06 April 2013

Require attention...very urgent

hello guest..

 

please some one tell me y we add aplication under order 39 r 1 & 2 for grant of ex-partee injunction with injunctions suit?

what is the procedure after injunction granted? what are rights of defandant?



Learning

 3 Replies

Rajendra Shrivastava (advocate)     06 April 2013

order39  rule 1' 2 cpc is for temporery injunction till decision of court. .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 April 2013

 A Restraining Order is granted to preserve the status quo of the subject of the controversy until the hearing on an application for a temporary injunction.Parties must be abide the order.

sridhar pasumarthy (ADVOCATE)     06 April 2013

One need not worry for granting an exparte temporary injunction under Order 39 Rules 1 & 2 C.P.C.  It survives for a short period unless the court extends it from time to time.  At any rate, it survives till the final disposal of temporary injunction petititon. 

The defendant/respondent, after receiving the notice can putforth his case by way of filing counter and can get it vacated, if he proves that there are no merits in the injunction petition.

Better to consult a local civil lawyer. 


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