We have been cultivating the land for 20 years, but the land title was on my grandfather which later was transferred to my aunt (in 2010). Unfortunately, we are not aware of the papers until last year. My aunt's family tried to plow this land upon which we complained in the police station and they subsequently filed FIR (in June) on them after inquiry. After this incident, my aunt sent us the injection order on this land by mentioning false information in the petition (like she mentioned that they are cultivating this land for the last 20 years, they complained in the police station, and police took some action on us, etc). We received this order from the court in July. We filed our response and we have been regularly appearing in the junior civil court, till now five times. But, none of them appeared in the court and they hired one junior lawyer who always asks for the extension of injection order. We submitted all the documents that the court requested. But, until now, both IA nor OS are still running. The judge mentioned before the last hearing that he would close the IA, but suddenly, the opposite party junior lawyer requested the judge that they are going to file counter/response for which they requested one month's time and the judge agreed to it. 1. Typically, how long injection order cases will run in such a scenario? 2. Due to the injection order, we have stopped farming on this land for the last ~4months. We have informed the judge the same and requested the judge to cancel the injection order. But, now, I couldn't understand how the judge can give them such a long time (1 month) to submit a statement/recounter when they were absent for ~4 months. The judge could have canceled IA and let the OS case be run. 3. They mentioned all false information except the title information. After the case is closed, can we send them the notice to recover the incurred losses due to their false claims? 4. We also filed a case in higher court on this land (along with some other property) claiming our title. Can we request this case to be shifted to higher court since both are on the same property? Please let me know all your suggestions. Thanks
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Go for title declaration first.
In any title dispute case, Court generally continues the injunction order in favour of the person in actual possession of the disputed property , in absence of any Prima facie evidence of clear title to the property, till the disputes are settled .
1. An order of injunction once passed in interim stage gets extended for several months or even several years unless great urgency is shown for its hearing. Moro ever unless and until you mange show that they have no title over the property nor possession the order of injunction is not going to e vacated.
2. Highlight this issue at the time of hearing.
3. Yes, you can demand damages in your counter claim.
4. No, you can not.
1. See now in the next hearing they have to submit the response if they fail.court may put for arguments and decide IA though main matter may take some time.
2. See the court has power to do so , so same cannot be challenged you have to wait till next hearing.
3. Yes you can claim if matter is decided in your favour.
4. High court doesn't have jurisdiction to entertain.
1. It is the Judges discretion to grant injunction and adjournment time for filing replies to both the parties and the injunction would in force till it is vacated, by judge, AFTER following due procedure of law. The action /power /order of judge can be adjudicated only in the appellate court. Till final order of trial judge, case cannot be shifted to high courts.
2. For claims of damages /compensation, you would have to prove your "adverse possession of 20 years" by irrefutable documentary evidences (means agriculture land patta tax) and proper witnesses.
1. Order of injunction, unless vacated or set aside by the higher court, remains in operation during the entire length of the suit.
2. In this scenario you should file an application to vacate the order of injunction. If application is disallowed then you may challenge the order in higher court.
3, If injunction has been obtained through false facts then application for perjury can also be filed.
Any stay order now cannot go beyond 6 months a per supreme Court direction. After the same the said court has to again pass a reasoned order to continue or discontinue the same.
You can go before incharge court in case if yeh judge is absent.
Yes you can also try them for perjury in that case.
If it's a part of same property it may be decided by the higher court
Court grants maximum 3 adjournments to party to file its reply
2) disposal would depend upon pendency of cases in trial court
3) you can sue them for damages for loss suffered by you
Dear Sir,
You may ask your advocate to file written statement and objections to interim application for injunction and to get injunction order modified or cancelled. In the meanwhile in the same suit you may file application under Order 39 Rule 4 of CPC seeking interim stay order in your favour and Court will decide both the IA’s on merits.
What is your advocate is doing, court cannot adjourn matter in routine manner if opposite party is opposing.
Vacates automatically after 6 months if not extended by reasoned order.
In written statement - reply to petition also request pendent lite interest.
File application u/s 10 of CPC.
1. The exparte injunction order will continue till such time the court is extending the same or it is made absolute which shall remain till the disposal of the main suit provided you have not filed an application to vacate the injunction order.
2. What is your own advocate is doing about this, he should have objected to this dilly dallying aspect of the opposite lawyer instead of making you to run with your doubts to different lawyers.
3. You cannot send any such notice, instead you can claim losses by filing an application in the same suit seeking the said relief.
4. you may have to file a transfer petition to transfer this case also to the same court for conducting a joint trial, before the district court.
1. Injunction order will be continued , till the final judgement of the case , or it set aside by the higher court on your challenge the same.
2. No, the said court is not having power to cancel its order of injuncton , even after filing of the statement /counter claim .
- You should move an application before the said court , on the ground that the said injunction was passed in your absence and without giving an opportunity.
- If, the said court reject your application , then you should approach higher court for the same.
3. Yes.
4. No, jurisdiction depends on the valuation of the suit property. But you can move an application for clubbing the cases.
The court will normally make orders for a specified length of time. you can file a petition to set aside the injunction order. You have the legal right to sue for damages. .
It will be remain in force for 6 months if no further orders are granted by court.
Yes you can send notice for compensation of loss incurred by you.
No you cannot move directly to high court you have to file revision in district court.
