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Neighbour not allowed drainage passage through his road
03-Aug-2023 (In Civil Law)
My father brought a piece of land in 1992. The seller also gave us right to use an adjacent piece of land as road by taking additional money. The same is also indicated in map of sale deed and also the terma of use is lso recorded in the sale deed. Our House's drainage water was going through that road. But in 2015 the our seller sold that road to my neigbour. Now the neighbor is obstrcting our drainage water.what we can do through legal channel
FILE A SUIT FOR PERMANENT AND MANDATORY INJUNCTION IN THE CONCERNED COURT HAVING JURISDICTION
Pray for ad-interim ex-parte injunction in your favour and against theother party, his servants, agents, employees and representatives etc., restraining them from entering, alienating, encumbering the said property.
Following types of Injunctions are granted by the Court.
Temporary and Permanent Injunctions ( Sections 36 & 37)
Perpetual Injunctions ( Section 38)
Mandatory Injunctions ( section 39)
Damages in lieu of or in addition to Injection( Section 40)
Injunction to perform a negative covenant( section 42)
We shall now discuss all injunctions respectively;
Temporary and Permanent Injunction;
An injunction is an order of competent court which-
Which forbids commission of a threatened wrong, or
Forbids the commission of a wrong already began, or
Commands the restoration of status quo
Clauses 1 and 2 deal with preventive relief, whereas clause 3 refer to mandatory injunction, which seeks to rectify the defendants’ wrongful conduct.
The Preventive Injunction wills b granted on sole discretion of the court, which will be based and guided by sound and reasonable judicial principals.
Pray for ad-interim ex-parte injunction in your favour and against theother party, his servants, agents, employees and representatives etc., restraining them from entering, alienating, encumbering the said property.
Following types of Injunctions are granted by the Court.
Temporary and Permanent Injunctions ( Sections 36 & 37)
Perpetual Injunctions ( Section 38)
Mandatory Injunctions ( section 39)
Damages in lieu of or in addition to Injection( Section 40)
Injunction to perform a negative covenant( section 42)
We shall now discuss all injunctions respectively;
Temporary and Permanent Injunction;
An injunction is an order of competent court which-
Which forbids commission of a threatened wrong, or
Forbids the commission of a wrong already began, or
Commands the restoration of status quo
Clauses 1 and 2 deal with preventive relief, whereas clause 3 refer to mandatory injunction, which seeks to rectify the defendants’ wrongful conduct.
The Preventive Injunction wills b granted on sole discretion of the court, which will be based and guided by sound and reasonable judicial principals.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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