• Injunction order made absolute, opposite advocate filed for appt of adv commissioner, does it stand

1) we got absolute injunction order in nuisance case , after lapses of 2 months the opposite lawyer 
 made petition again for appointment of advocate commissioner in the injunction order . Now the 
 question is whether they have right to ask for appointment of advocate commissioner ?

2) we are asking for police aid for violating permanent injunction order. is it must to see the court to 
 grant police aid ?

 kindly answer, thanks in advance.
Asked 5 days ago in Civil Law from Hyderabad, Telangana
What are grounds made out for appointment of advocate commissioner 

2) you need court orders for Police assistance
Ajay Sethi
Advocate, Mumbai
50778 Answers
3020 Consultations

5.0 on 5.0

Even if there is an interim order granting injunction in your favour, the opponent is not remediless

He can either file an appeal or a recall application 
Or a review application (based on new facts)
Yusuf Rampurawala
Advocate, Mumbai
1808 Answers
6 Consultations

5.0 on 5.0

If defendant is aggrieved by injunction order his remedy is to file appeal against the order 

2) appointment of commissioner is at discretion of court 

3) An Advocate Commissioner can be appointed under Order XXVI Rule 9 of the Code of Civil Procedure 1908 inter alia for elucidating any matter in dispute.

4) appoint an advocate commissioner, Court has to keep in mind the following:
(1) Total pleadings of both parties;
(2) Relief claimed in suit;
(3) Appointment of advocate commissioner for specific purpose at interlocutory stage shall not amount to grant pre-trial decree; and (4) Necessity to appoint advocate commissioner to decide real controversy between parties.

5) In A.Nagarajan vs. A.Madhanakumar, reported in CDJ 1996 MHC 497, J held that for the purpose of elucidating facts in respect of any matter in dispute where the circumstances render it expedient in the interest of justice to do so, the Court has power, which is discretionary in nature, to appoint Commissioner for the purpose of ascertaining, certain facts, to make it clear, intelligible and to throw light upon the matter in issue, relating to the main case as well as the facts leading to the dispute.
Ajay Sethi
Advocate, Mumbai
50778 Answers
3020 Consultations

5.0 on 5.0

1. Order of the concern court shall be followed either appointment of advocate commissioner or not, so contest it before the court.
2. Yes you have right to contact police if any one is violating the court's order directly.
3. Don't waste time in searching the ruling related to not appointing advocate commissioner as this the right of the court which they may use or not depends on the circumstances before them at the moment.
Koshal Kumar Vatsa
Advocate, Gurgaon
271 Answers

4.8 on 5.0

1. If the IA is disposed in your favour no.commissioner in same can be appointed in the injunction application they have to approach higher court to.challange same.

2. File for execution of order so that police can be directed by court to maintain and application of the court order.
Shubham Jhajharia
Advocate, Ahmedabad
6703 Answers
20 Consultations

5.0 on 5.0

https://indiankanoon.org/doc/56241511/

Reference can be drawn from.this.case along with the case cited in the case
Shubham Jhajharia
Advocate, Ahmedabad
6703 Answers
20 Consultations

5.0 on 5.0

Citation

The Executive Officer, Ayyalur ... 
 vs
A. Mahalakshmi, M. Dharmalingam
Mohammed Mujeeb
Advocate, Hyderabad
1421 Answers
1 Consultation

4.8 on 5.0

1. If there is a reason made out seeking appointment of advocate commissioner for the justified and reasonable reasons as stated in the affidavit, the court may consider th application.



2. If they violate or disobey the court injunction order then you may file a contempt of court petition.
T Kalaiselvan
Advocate, Vellore
41042 Answers
450 Consultations

5.0 on 5.0

The court will not pass an order for permanent injunction during the pendency of a suit, it may be temporary injunction.

Therefore there is no illegality to file a petition seeking to appoint advocate commissioner.

For citations you may consult your own advocate who will procure one suiting to your case.
T Kalaiselvan
Advocate, Vellore
41042 Answers
450 Consultations

5.0 on 5.0

1. There can be no miscellaneous application in a decided case. If the court has passed a decree of permanent injunction in favour of of the plaintiff then an application for appointment of commissioner cannot be entertained.

2. If, however, only temporary injunction has been granted and the suit is still pending then the application for appointment of commissioner is mainatainable.

3. If the court allows the application for appointment of commissioner despite having decree the suit already then this order can be challenged in the High Court under Article 227 of the Constitution of India.
Ashish Davessar
Advocate, Jaipur
24295 Answers
677 Consultations

5.0 on 5.0

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