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Restricting me to enter into my apartment by managing partner


01-May-2023 (In Civil Law)
I am one of the managing partner of the firm, we constructed an apartment, the other managing partner is not allowing me to enter into the property, already civil suit is filed for rendition of accounts under section 26.please advise
Answers (3)

Answer #1
672 votes
Dear Client,

Thank you for contacting me

I just want to have clarity on your issue, can you please provide some information i.e.
1. Is that partnership firm registered one?
2. How many partners and what are the share?
3. On whose name Apt construction was happen
4. Did the other party also file a suite, if not aware then go for caveat petition
5. Do you have all the agreement proof documents with you regarding the firm

As you have write you were already filed civil suit for rendition of accounts under section 26, then wait for the process of appeals and aware of the other party also file any suite against you.

Normally everything is in proper way by seeking your rights as managing partner of the firm, you can get an injunction order from any court
Court will not entertain if you doesn't have all the required document to produce.

Thank you and Regards,
Sharath Chandra Murthy. Macha (Advocate - High Court)
Answer #2
976 votes
You can also file an Interim application seeking the direction of the court to the Managing Partner to allow you into the Apartment by stating the reasons why he is not allowing i.e., owing to the filing of suit for rendition of accounts then the court order to allow you
Answer #3
693 votes
You can file a suit for injunction restraining him from preventing you from entering into the property. On an interim order from the court under order 39 rule 1 CPC, you can have an interim relief during pendency of suit. However, you have to prove your rights on basis of partnership deed, etc. to obtain such relief

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