Related to pending civil suit property
2 years ago
This question is posted for free legal help only.
District court does not give permanent injuction or temporary injuction in a civil suit related to property in laldora village in haryana. Court give next date for written statement. Can we approach to high court to get temporary or permanent injuction before next hearing. Collector destroy our courtyard at the same time when we are at court in sirsa for hearing of civil suit. Can any action be possible against collector to destroy courtyard without notice and also when case is pending in court and collector, BDPO and panchayat are defendant in civil suit. Please help me.in all point.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
Where in any Suit, it is successfully demonstrated by the Plaintiff to the Court of law—
1. that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
2. that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
3. that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,
-the court may by Order grant a temporary
injunction to restrain such act, or make such other Order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the court thinks fit, until the disposal of the suit or until further orders.
You could file for the same in the high court under order 39 of CPC.
Thanks
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Where in any Suit, it is successfully demonstrated by the Plaintiff to the Court of law—
1. that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
2. that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
3. that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,
-the court may by Order grant a temporary
injunction to restrain such act, or make such other Order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the court thinks fit, until the disposal of the suit or until further orders.
You could file for the same in the high court under order 39 of CPC.
Thanks
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A.Hello Sir
You could approach the high court to get an injunction order or a stay order. Until the stay order no one has right to do anything to that property, or interfere with your rights over that property. You could file for an injunction suit in the High court under order 39 of CPC.
Thanks
If you find this advice helpful please rate.
You could approach the high court to get an injunction order or a stay order. Until the stay order no one has right to do anything to that property, or interfere with your rights over that property. You could file for an injunction suit in the High court under order 39 of CPC.
Thanks
If you find this advice helpful please rate.
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