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Author Topic: Mandatory Injunction  (Read 61 times)

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Offline daisy

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Mandatory Injunction
« on: September 16, 2017, 06:39:19 AM »
My neighbour has been served with 321(1),(2)&(3) by BBMP for setback violations. He is in KAT now. I impleaded myself since i am the affected party. After I became a respondent, he put a civil case of encroachment on me to harass me. In KAT, with his appeal he submitted a survey document that shows the measurement of his plot as well as mine. But in Civil, he claimed the same document to be false which amounts to approbate reprobate. He tried to amend his appeal by removing the document, but the judge overruled it.  Now, he wants to withdraw his appeal from KAT. I see his intention clearly--after he withdraws he thinks he can continue with Civil court since that document will not be in use in the Appellate Tribunal. My questions are:
1. Even if he withdraws, the document has still been used by him to his advantage and hence will it still constitute approbate reprobate?
2. can I put in an IA for mandatory injunction against his withdrawal?

 

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