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ilyaz   13 May 2021

Temporary injunction granting time.

Hi,

My uncles have registered my grandfathers house on their name after my grandfather's death(grandfather did not have any property will), They are trying to sell the house now. To stop them from doing it we are planning to file a temporary injunction petition (as suggested by Advocate Bhartesh goyal sir in this group).

I have one question here, that how days it will take to grant the injunction order from court? because we are trying to stop them from selling as soon as possible.
 



Learning

 6 Replies

Sankaranarayanan (Advocate)     13 May 2021

No one can predict  it .All the lawyers are put their efforts to get the order at earliest,

1 Like

Saura Patil   13 May 2021

When the Courts grant Temporary Injunction, there are 3 basic tests that are applied. 1) whether the Plaintiff has a prima facie case, 2) whether the balance of convenience is in the favor of the Plaintiff and 3) whether or not the Plaintiff will incur irreparable damages if the grant of a temporary injunction is not allowed. As Mr. Sanakaranarayanan sir has already said that it cant be predicted when the court will grant the temporary injunction, but if your case satisfies the three basic needs which are mentioned above, it is likely that the court will grant a temporary injunction. 

1 Like

Pradipta Nath (Advocate)     13 May 2021

How can one predict! Moreover can anyone guarantee whether Court will grant injunction or will issue show-cause!

1 Like

G.L.N. Prasad (Retired employee.)     13 May 2021

It depends on the competencies of your advocate. TI is not a permanent remedy and you have to explore possibilities of a permanent remedy together with IA.

P. Venu (Advocate)     13 May 2021

Please continue in the original thread  https://www.lawyersclubindia.com/forum/property-home-registered-in-the-name-of-3-brothers-out-of-4-217487.asp.

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

You canot file the temporary injunction petition alone in the court of law.

This is an application filed under order 39 rule 1 and 2 along with the main suit seeking partition or any other major relief.

The temporary injunction will be granted  by the court only till the  disposal of the main suit.

The time taken for disposal of the application for temporary injunction cannot be predicted, because these days most of the courts across the country do not grant an exparte injunction even  if there are very strong reasons and the exparte injunction order may be justified by law and the facts. 

Therefore the injunction application will go through the process of serving notice to the respondents, they may have to file their counter, and the court will adjourn the matter for enquiry/arguments from both the sides. All these process will involve plenty of time especially in the given  pandemic situation. 

In any case it may  at least take one year to decide about the temporary injunction application considering various  factors involved in this procedure.  

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