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KNKRao   05 June 2024

Solution for missing case file

Wife had temporary injunction order on the property of Husband and Father-in-law. The property (flats) was purchased after the Husband was deserted / thrown out of the rented house (near parents house of wife) in 2004. The husband has no clue on how the injunction order been passed by the court. How does the husband vacate the Injunction Order on his flat and on his Father's flat without any knowledge on what grounds the injunction order was passed by court. Based on the OS number the Advocate tried to retrieve case documents but were missing. How can the Advocate/Husband retrieve the missing file of this case to get the case vacated. The case was filed in 2015 and now it is 2024 when the Husband and his Father are unable to sell the Flats due to temporary injunction order on the two flats which were purchased in 2005 by Father (Amount from retirement savings) and in 2011 by Husband (Amount from Housing loan).


 3 Replies

Mr. Sumitra kumar (Advocate)     05 June 2024

You must have a copy of injunction order if you know it is against you. It must be written there about the case number. If file is missing,check the suit register and then find it there.


Thank you.

P. Venu (Advocate)     06 June 2024

You may file a petition for vacation of the Order. It is the Court's responsobility. If need be, you can approach the High Court under Article 227.

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

If you were served with the copy iof the orders granting stay order/injunction, then you file a petition to vacate the injunction order.

It is the duty of the court to retrieve the misplaced back bundle of the case

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