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Opp party received injunction order against us how to cancel it
16-Feb-2023 (In Property Law)
Plaint has taken ex parte injunction against us for not to put up any construction in common passage my question is how to vacate this injuction order and how long it will take..
Dear Sir/Madam, in your case you have to enter the said case by engaging counsel your side and your counsel has to file Objection and Written Statement and also by filing an Application for Vacating the said stay order which has got Plaintiff in his side as exparte order against you.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore | 200+ Answers
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When can an injunction be vacated?
The court may also vacate an injunction if the application for temporary injunction or any affidavit that supports such application contains a knowingly false or misleading statement about a certain matter, and if the injunction has been granted without notice to the other party.
How long does an injunction order last?
Injunctions permanent or perpetual may be issued by the court at the conclusion of a case as part of its final judgment. They usually prohibit (or require) the act or acts specified permanently or as long as relevant circumstances exist.
What can you do against an injunction?
You can file a motion with the court. You can threaten sanctions (if the other partys claims or defenses do not have evidence or are made in bad faith) You can submit interrogatories. You can go to court and win the case on technical legal grounds.
What is the remedy against injunction order?
A party who violates an Injunction and disobeys it may have his property attached. He can also be held in the Civil Prison for up to three months. The attachment made under this rule shall not be in effect for more than one year.
The ex-parte injunction can be challenged by way of a Revision Petition/ Appeal etc., provided the same is not time-barred or conditional. With regard to where the Revision Petition/ Appeal etc. has to be filed, it will depend on the nature of the case and the Court which has passed the ex-parte injunction as jurisdiction of the appropriate Court has to be established. The pertinent questions are: (1) Which Court granted it?; (2) When was it granted (date)?; (3) Whether it is conditional?; (4) What observations were made regarding your absence?; and (5) Whether it is time barred. The ex-parte injunction operates against you from the date of the Order and I strongly advice you to act fast as in such matters, time is of essence. Please make sure that you obtain the certified copy of the ex-parte injunction order so as to understand the legal ramifications.
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You can petition the court to get the injunction lifted, then file a lawsuit for a permanent injunction. In such a case you may receive relief from the interim or temp injunction. According to the Encumbrance certificate and title deed, you are the only owner of said property.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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