File consent terms in pending suit
2) suit would be disposed on basis of Consent terms and injunction order would not survive
Can we remove Injection order from who you got favour after it was dismissed long back
Hi Lawyer sir, My father got favour of injection order in lower court in 2010 and it continued. When we are trying to do registration on same premises after settlement between two fellows who made this case, but sub register asked us to remove the injection order on this premises to do the registration. To revoke the injection order which is closed long back. How to reopen the same and remove when both parties who involved in this and agreed to remove injection order .
Asked 6 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
13 Answers
You need to make an application in the same court for settlement and get it vacated
If the case is finally disposed off, where the injunction stays and it is against second party and in fovor of your father.
And when both parties are agree, injuction order dose not prohibit registration of sale deed.
What was the final order of court ? Question of reopening of case never arise when both parties are in agreemnt.
You may have to file a petition to cancel the injunction order in the appellate court
A temporary injunction, being temporary in nature, may be revoked by the court that passes the injunction order. However, a permanent injunction is non-revocable by the court that decides to pass such order. However, it may be revoked by an appellate or higher court.
The case was between my father and my cousin (filed in 2005 in district court). My father received the injunction order in his favor in 2010 over the property with survey number along with house number. Later my cousin approached high court against the order, and the verdict came again favoring my father continuing the injunction order. Now, my father and cousin after coming into agreement decided to proceed with registration of the same property, but the sub-registrar office held the registration. We tried to get information through RTI act from the sub-registrar office for the reason to hold the registration, which cited the same case no# (filed in 2005 in district court which refers to the same case which my father won in his favor still injunction is not revoked) with the same survey number, which also furnished info including the door no and the holder's name (my father's name) in the prohibited registration list of the district. So, we also tried to get the info through RTI act from Civil Judges Court, and we recieved information that "the CRP # has been preferred on the file of honorable high court against the the orders passed in AS # on the file of Additional district judges court and the same was disposed off in 2016". Now, my question is how to get the order from the court (Is revoking the injunction will be the solution ? I am not sure .) to Sub registor office to proceed with registration, or is there anyway out of court to resolve the same. Due to long back case , will court accept to reopen the same to revoke the Injuction ? May I know solution and time frame for the same.
Asked 6 years ago
What is the need. Show sub registrar order of court that it is in your father favor.
Challenge the sub registrar objection before DCP stamp.
Revocation of injunction order can be done by the appellate court only.
If the appeal is preferred then yor father can file a compromise memo on the basis of which the court may recommend to revoke the injunction decree and suitable orders may be passed to the trial court on this.
file application for vacating the injunction and file written statement of consent term.
The concept of Compromise Decree.
Order 23 R 3 of CPC talks about compromise of suit. Suppose in a suit between A and B both A abd B can enter into a lawful agreement ( Read with Indian Contract Act ) and both have declared in writing that they are giving up the suit. In this case court will draw the Consent Decree. Court will further examine that the party has entered voluntarily, usually defendant applies for Compromise decree so court will examine the plaintiff and circumstances to check whether the agreement was volunatrily. Order 23 R3A says that no appeal shall lie with regard to compromise decree and rule of estoppel will apply.
In that case toy need to file miscl application to HC and get the said injunction order vacated by filing joint settlement terms
In said suit your father and cousin can file consent terms
onbasus of consent terms injunction order would be revoked
1. What was injunction granted against?
2. If injunction order took within its realm the prohibition on creation of third party rights then the sub-registrar cannot register the sale deed.
3. Injunction order has to be vacated to enable the sub-registrar to proceed. You can withdraw the suit if a compromise has been reached and a consent decree can be passed thereunder.
You can file the order copy of the dismissed suit, alongwith the same, you can obtain undertaking / declaration by both the parties who are parties to such order stating that they have compromised the issue and file such compromise terms with the Registrar.
When both the contesting parties have settled the issue and file an undertaking / declaration he should have no problem to proceed. Inspite of same, if he does not consider your representation, you can lodge complaint with District Registrar.
Had it been a pending suit / litigation, you could have filed application to that effect, in your post it is said that last disposal is 2016, as such, above representation is enough.
1. Make application in court that injunctuin orders should be vacated as parties have reached at a compromise
2. Yes court will put up the file and give decision to remove the injunction orders
