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Wanted advice on writ petition matter-temporary injunction
05-Feb-2023 (In Property Law)
Sir, The problem is that the matter (Writ Petition-Temporary Injunction) has come before the high court for argument and the judge to pass the final order in the matter after hearing the same on 8th Feb 2017., The construction licence have ended its validity period or not renewed the same since last 5 to six years. There is a Status quo maintained on our re-construction of our existing Residential house by civil and district court also. Actually we had started the work when the license was valid but our opposite party obtained ex-party status quo on our re-construction of house. In this situation is there any ground for argument for us to win the case in high court when the licence has not renewed by now? .I think high court Judge will insists on valid licence to decide the matter. Please Advice.
The problem is that the matter (Writ Petition-Temporary Injunction) has come before the high court for argument and the judge to pass the final order in the matter after hearing the same on 8th Feb 2017., The construction licence have ended its validity period or not renewed the same since last 5 to six years. There is a Status quo maintained on our re-construction of our existing Residential house by civil and district court also. Actually we had started the work when the license was valid but our opposite party obtained ex-party status quo on our re-construction of house. In this situation is there any ground for argument for us to win the case in high court when the licence has not renewed by now--- as the matter is on final arguments kindly tell you lawyer to look for judgements of the particular High Court or the Supreme Court to convince the judge.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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According to me the question before the High Court would be whether the Civil Judge and the District Judge have rightly granted injunction in favour of your opposite party. The consideration therefore would be what was the material before the trial court in allowing injunction and as such your renewal of licence will not affect the merits of your case
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Adv. Salil Saudagar
Goa | 25+ Answers
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