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Can we stop giving injection order which is decreed in court
30-Nov-2023 (In Civil Law)
Hi Sir,
case was filed in 2014 and in 2010 years back which was cleared in court as in our favour. but 2 years back the opposite person is has claimed a case against whole survey number. Now we put Caveat and court started our construction.
As i got information he is taking injection order to stop construction. is it possible solve the situtation as we already strated working now. Please give me some suggestion to solve this
Thanks
Prabhakar Reddy
Dear Sir,
An injunction is an equitable remedy, which means that:
The Court is never obliged to grant an injunction and will use its discretion to only grant an injunction where it appears to be just and convenient to do so;
ii. An injunction is subject to the usual equitable rules, in particular:
Any delay in applying for an injunction can damage seriously the prospects of obtaining one; and
The party applying for the injunction must have "clean hands" (i.e. they must have acted properly themselves).
An injunction is an equitable remedy, which means that:
The Court is never obliged to grant an injunction and will use its discretion to only grant an injunction where it appears to be just and convenient to do so;
ii. An injunction is subject to the usual equitable rules, in particular:
Any delay in applying for an injunction can damage seriously the prospects of obtaining one; and
The party applying for the injunction must have "clean hands" (i.e. they must have acted properly themselves).
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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