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civil case pending can exparte injunction be given
05-May-2023 (In Civil Law)
My grandfather are 4 brothers.we are living this property together.total landproperty 11 satak.we dont have any demarkation lawfully.one party sold his property to a stranger without concent of others.he take his position with muscle power and constructed building on this undemarketed land.then we do a civil title suit case against stranger and the seller..the case is pending.now i want to construct a room.if their any prbeleam by law..there is no injunction.already a civil suit pending in district court.in this condition ex party temporary injunction order can make by stranger without knowing me..is any caveat require from my side or not ??
you can construction of a room over plot ,as no injunction is over the plot of land as passed by Ld.Court , you are not mentioned the nature of civil case you filed and on which portion of land but apart form that you can construct a room .
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Adv. Sanjoy Kumar Guha
Durgapur | 25+ Answers
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Dear client,
During pending of civil suit any party can file petition under section 94c of the code of civil procedure for restraining order but he has to give you a copy of the said petition for your objection or else he may file separate suit with different cause of action with an application for ad-interim injunction for that you should file a caveat.
During pending of civil suit any party can file petition under section 94c of the code of civil procedure for restraining order but he has to give you a copy of the said petition for your objection or else he may file separate suit with different cause of action with an application for ad-interim injunction for that you should file a caveat.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Look, Whereas the matter is sub-judice. Nobody will empowered to change the nature and character of the land. The Stranger who make constructed building over the suit land prior filling of the present Suit. But if you make construction thereon, you may change the nature and character of the land. That means, presently remaining portion of the land is vacate save and except the stranger's portion. Now if you make construction thereon. The nature will change. the Defendant may file petition against you. Therefore, it will be better not to change the nature and character of the land till disposal of the suit.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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