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Permanent injunction , granted in 2012,in Magistrate court .
21-Sep-2023 (In Property Law)
I got a permanent injunction in a land dispute case by a Magistrate court since the opposite party failed appear in court inspite of repeated Vaidas in the court.Now after 13 years the opposite party has filed a civil case.it was given a number in the court though 13 years have passed and I was in possession of the property.I have sold it 4 months ago after I got due permission from District Judge by filing Trust OP application .My query is whether the opposite party can file a case since 13 years have elapsed after the permanent injunction.
I appears that you got a exparte injunction from a civil court. And subsequently you have sold the land. The defendant would have taken a stand that he was not served with proper summons and he came to know that the property encumbrance recently (Date of Knowledge the limitation Starts). The Defendant has every right to file a suit.
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What is a summary recovery suit case?
Order XXXVII of Code of Civil Procedure (1908) lays out the procedure for filing summary suits and adjudication. Summary suits are intended to be a fast and efficient way to collect debts or liquidated claims without having to go through the usual civil litigation process.
What is the court fee for recovery of money?
The court fees for recovering money are 3% of the amount that is intended to be recovered. I hope this helps. The court fees for recovering money are 3% of the amount recovered.
First of all a magistrate court cannot grant injunction on any subject especially on the civil matter because the magistrate court deals with only criminal cases. So your statement that you got a permanent injunction from a magistrate court cannot be believed, may be it was a civil court, or what it is, please confirm.
You have not mentioned the details of the land dispute for which you have reportedly got an injunction from a court of law. Until not knowing the details any opinion to a vague query will misguide you.
Next, you have said that the opposite party has filed a suit after 13 years, what suit?, whether it is related to your previous suit?, what is the relief he is seeking from court against you by this suit?
You say that you were in possession of the property then why did you file a trust OP case?, whether it was the trust property or your self acquired property?
Whether the permanent injunction matter and the matter of the present suit filed by the opposite party are inter related?
I am ready to clarify all your points properly as well as by giving proper citations of the settled laws too provided you furnish the information sought by me.
You have not mentioned the details of the land dispute for which you have reportedly got an injunction from a court of law. Until not knowing the details any opinion to a vague query will misguide you.
Next, you have said that the opposite party has filed a suit after 13 years, what suit?, whether it is related to your previous suit?, what is the relief he is seeking from court against you by this suit?
You say that you were in possession of the property then why did you file a trust OP case?, whether it was the trust property or your self acquired property?
Whether the permanent injunction matter and the matter of the present suit filed by the opposite party are inter related?
I am ready to clarify all your points properly as well as by giving proper citations of the settled laws too provided you furnish the information sought by me.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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Your query is devoid of details.
It seems that the permanent injunction obtained may be regarding criminal trespass. The Opposite party may have filed a suit for declaration.
If full details are revealed, your query can be answered, please.
It seems that the permanent injunction obtained may be regarding criminal trespass. The Opposite party may have filed a suit for declaration.
If full details are revealed, your query can be answered, please.
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