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Mohit Attri (lawyer)     13 December 2010

urgent need!!! how to setaside temprary injunction

A nd  B  was real brother. A has a daughter D nd  B  was issueless. after the death of  A, his property inheritated by his real brother B. ND B executed a registered will in favour of his niece D.but one person took illegal possesion of tht property since 30 yrs.nd he propunded a fraud will on his name.therafter D filled a case of possesion on tht pperson nd won.but during pendancy of case D nd her 2 sons  given a power of attorney to a person (commission agent) to fight the case.D was illetrate so she given a thumb impression to a blank paper.when d won the case in hn"ble high court then after tht commision agent made a fraudulent regestred sale deed with sign of two witness on tht paper on which D given his thumb impression as a power of attorney.Agreement of sale deed was executed on yr 1998 nd d won the case from high court in 2009.commision agent also mentioned in the sale deed tht after the death of D  her heirs r execute sale deed on the name of commision D  died nd tht commision agent filled a case of permanent injuntion nd threating the heirs of D to execute the sale deed in favour of commision agent.and he also got temprary apeal is pending before session judge to set aside the temprary injuntion.



now tell me how i can set aside the stay.

someone told me there is case of supreme court in which mention tht a lower court can not give stay against a true owner.

any supreme court judgment which can help in this case???


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 December 2010

File an application u/o 39 r 4 to vacate the injunction order with a cogent evidence.


your query is not clear {about pending appeal before sessions court} you have mentioned two things stay and injunction



file a revision before the highcourt to get stay or to vacate the injunction order.

niranjan (civil practice)     13 December 2010

Since the D who made thumb impression on  agreement to sell,the purchaser can get specific performance,but you can take the plea of limitation.When appeal is pending before theDistrict Judge you have to get it expedited.The injunction must be against alienation.\You have mentioned that suit for permanent injunction is filed and not for specific performance?Order 2 rule 2 can come to your help.

Mohit Attri (lawyer)     14 December 2010

thnx all

@ niranjan

how i can take plea of limitation???

 sale deed was written 1998.nd HC given his decision in 2009 in favour of year 1998 they wrote in the saledeed tht whenever decision of court will come then after the decsion D or her legal heir will execute the sale deed in favour of plaintiff who filled permanent injunction against D.

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