Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Lakshmi Mounica   27 January 2018

Violation of injunction

In a civil dispute the trial court granted temporary injunction in favour of the petitioners retraining defendants from entering into a coconut garden.. later the defendants with the help of police entered the garden nd cut the coconuts.. So we filed for violation of injunction.. After filing the I. A after 2 months the injunction is vacated.. So is the I. A filed for violation of injunction maintainable.. kindly provide any judgments in support of it..


Learning

 4 Replies

R.Ramachandran (Advocate)     28 January 2018

From your post nothing is clear.  What is the details of the case?  Why and how the defendants could successfully enter the coconut garden and do whatever that they wanted to do that too with the police support?  Why your Application pointing out infringement was dismissed.  Without knowing anything, how can anybody provide any assistance.  In any case, Why should we provide judgments?  What is your lawyer doing?

N.K.Assumi (Advocate)     28 January 2018

The court will not grant injunction to plaintiff by closing its eyes, ears and brain, but will take into considerations the rights of the defendant too, before disturbing the defendant's legal right. Granting or refusing injunction does not affect the right of either of the parties conclusively, like the case of landlord and tennant. Consider this, if the landlord filed suit for evicion of his tennant and imposed temproary injunction for protection of his property pedente lite, the tennant will be virtually thrown out in the street, and can any one says that the order was made by the court exercising the jurisdiction of equity.Thus, unless the reasons is given for vacating the order of injunction by the court of equity, tying to comment on the querist will be like wondering in wilderness. As stated by Ramesh, the querist may post the reasons why the court vacated the injunction order, despite the violation of its order by the defendant.

Vijay Raj Mahajan (Advocate)     28 January 2018

After vacation of injunction order there is no violation of the same, however if there was violation of injunction order of the court previously, the court can take action for contempt and proceed for the same against the violaters. 

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     29 January 2018

After filing the I. A after 2 months the injunction is vacated and if later on Defendant enter then you will not have any recourse against defendant. 


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