You are at liberty to withdraw suit filed by you
2) once suit is withdrawn injunction obtained is gone
3) neighbour does not get any power over your land
How to voluntarily withdraw a temp injunction
Dear Sir, I have applied and obtained a temporary injunction on my land prohibiting neibhour land owner. Now I have decided to withdraw it due to personal financial reasons, not able to afford case proceedings. is it possible to seek voluntary withdrawal of injunction order and dismiss the case? And if I do so, does my neighbour land owner gets any power on my land? Thanks
Asked 2 years ago in Property Law
Religion: Hindu
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5 Answers
It is your own suit, whether to conduct the case any further or to withdraw the same would depend on your own decision.
Once the suit is dismissed as withdrawn then the attached orders in IA also would be disposed accordingly.
Once the temporary injunction is vacated then the neighbor may again try to interfere in your possession and enjoyment hence the purpose of this suit would be defeated because you cannot claim any rights to stop him from doing so.
Dear client,
In India, a voluntary removal of a temporary injunction can be requested by submitting an application to the court. Section 151 of the Civil Procedure Code (CPC) gives the court the authority to impose orders that are required to further the interests of justice. Furthermore, a plaintiff may, with the consent of the court, withdraw an action or give up some of the claim under Order 23 Rule 1. Generally speaking, the action would be dismissed if an injunction order was withdrawn. But the withdrawal itself gives your neighbor no authority over your property. The lifting of the injunction order means that the restriction is no longer in place, but your neighbor would still need to establish independent legal authority to claim ownership or control over your land.
Hope this helps you.
- Yes, legally, you have right to withdraw the said suit filed by you
- However, if you will withdraw the said case, then the injunction order will also stopped
- Further, if you will withdraw the case, then there is possibility that the neighbor may create problem once again.
You need to withdraw the suit or tell the opponent to file application to vacate the same
