1) RDO has no business in issuing temporary injunction when case is pending in court
2) it is fir the court to pass orders for maintenance of status quo
3) take out application for setting aside RD0 order
Temporary injunction issued by RDO
We have the property Patta in our name the opposite party have filed a suite asking for temporary injunction,we have been raising temporary shed for rental and there is a rental agreement before the suit was filed. In the mean time the opposite Party(who run MLA in election and lost and now ruling party) have approached RDO and the RDO have issued temporary injunction stating as the matter in Judicial Magistrate Court maintain status quo and issued as temporary injunction. Question as the suit cause itself to get temporary injunction while the RDO issued it the opposite party have already won.
Asked 7 years ago in Civil Law
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what are the next steps that I have to do.
Asked 7 years ago
Contact. a local lawyer
Take out application for setting aside order passed by rd
1. Suit can not be filed seeking temporary injunction. Application is filed praying for temporary injunction and before filing the injunction application, there should be a suit filed by the applicant praying for declaration that the said property or part thereof belongs to him. Without filing the main suit, no injunction petition can be filed.
2. Since temporary injunction has been issued till the disposal of the suit, you should now file an application praying for vacating the said temporary injunction on acceptable grounds.
You shall have to file an application praying for vacating the said temporary injunction passed against you.
As the opposite party parcel of land placed behind us with 8 ft road as path,and he purchased it after 10yrs Behind us land and set the boundary stating our name As it's very clear Since he is purposely doing it .Is he can be punished and and what legal path we have to take to get him punishment.
Asked 7 years ago
In your reply draw attention of court to fact that plaintiffs had purchased adjacent land and has no rights on land owned by you
2)suit be dismissed and plaintiff directed to pay costs
1. Is there any record with the local municipality/panchayat that there was a 8 ft. road behind your land?
2. If yes, lodge a police complaint against them for constructing a wall thereupon to block the road and then file a suit praying for declaration that the said road is for public use for long along with petition under order 39 rule 1 & 2 praying for a direction upon the opposite party to restrain from making the said construction.
3. If he has already constructed the wall, pray for a direction upon the loacal municipality/panchayat to demolish the said wall.
In the mean time the opposite Party(who run MLA in election and lost and now ruling party) have approached RDO and the RDO have issued temporary injunction stating as the matter in Judicial Magistrate Court maintain status quo and issued as temporary injunction.
Question as the suit cause itself to get temporary injunction while the RDO issued it the opposite party have already won.
Do you want to say that the orders passed by the RDO granting temporary injunction has aggrieved you, you may file a petition before the same RDO to vacate the order since the same is not maintainable on the grounds you reply upon due to that
If your petition is not considered or dismissed you may prefer an appeal before the collector or appellate authority seeking relief and remedy.
what are the next steps that I have to do.
File a petition before the same authority under Order XXXIX Rule 4 to vacate the injunction order, if this petition is dismissed then you may prefer an appeal agaisnt the dismissal order before the appellate authority.
Since he is purposely doing it .Is he can be punished and and what legal path we have to take to get him punishment.
If he has encroached the pathway you may file a suit for mandatory injunction seeking to restrain him from causing disturbance or hurdle to your easement rights and usage of common pathway.
A suit for easement rights also can be filed on the same lines.