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Need help regarding stay order
06-Jun-2023 (In Property Law)
I am a hindu.I have a question that can i appeal for our house in court for stay order without partition suite.
Yes. you can file for an injunction simpliciter if you are in peaceful possession of the property. However the same shall not lie against a rightful owner. It you are not in possession but have title over the property then you can file for both possession and injunction. And if your title is/may be disputed, you will have to file for declaration of title possession and injunction.
Filing of a suit for partition entails a different cause of action and has no bearing on a application for injunction. So you are entitled to get the relief of stay/injunction.
Filing of a suit for partition entails a different cause of action and has no bearing on a application for injunction. So you are entitled to get the relief of stay/injunction.
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Adv. Sandipan Mohanty
Bhubaneswar | 100+ Answers
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1st you say me which name is recorded in ROR. If your name is there then tell me ,have you file any case in lower court regarding this matter?you have not mention clearly .yes you have appeal in high court but you have clear what propose you appeal in court?
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Adv. Suprava Behera
Cuttack | 100+ Answers
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