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Legal service India => Property laws => Topic started by: udayakumar.kj on August 09, 2016, 08:55:43 AM

Title: Interim Injunction Restraining Alianation
Post by: udayakumar.kj on August 09, 2016, 08:55:43 AM
Dear Sir/Madam

High court has passed a Interim injunction restraining the respondent from alienating the Suit property untill the disposal of main suit.
The respondent is Title owner of the property with All relavent documents and got the property via a settlement deed from his father Mr X (only daughter). This property is not an ancestral property and was a joint family property which was partitioned by Court and settled on Mr X name and he has been an absolute owner of the property for several years...later he made a settlement of the property to his daughter via a gift deed. now some third party Mr.Y who claims that he is the son of the first wife of Mr X (shows up after 30 years) and he executed a sale deed to some local goondas claiming he has got rights on the property (welcome to TN registration dept) the registrar took bribe and executed the sale deed with out checking the title ownership, Encumbrance cert, Patta, parent document etc.

On top of this, Mr Y filed a Suit in district court claiming that he has share on the property. now when the Respondent Mr X daughter is trying to Sell the property, Mr Y has approached the High court and got a Interim Injunction (by Ex partee) restraining respondent from alienating the suit property. They are not sure of a Private notice was served to them. but the order was passed as Ex partee

Question:

1. Can this Stay order be vacated by challenging it. as the respondent have all relavent and legal documents to prove her ownership.
2. Is there a Prima facie in this case to issue an Injunction?
3. If challenged, will the high court look in to the merits and vacate the injunction or just dispose teh challenge by saying let the lower court decide the main suit.
4. Can the respondant build a house in the suit property atleast if not able to sell off

Please help.
Title: Re: Interim Injunction Restraining Alianation
Post by: adv.amarnath on August 18, 2016, 01:46:47 PM
1. Can this Stay order be vacated by challenging it. as the respondent have all relevant and legal documents to prove her ownership.
Ans: It cannot be said without seeing the plaint and injunction application. If the Appellant has prima facie case, balance of convenience and inconvenience in his favour and their is urgency, the injunction order will be continued.

2. Is there a Prima facie in this case to issue an Injunction?
Ans: I dont think so.

3. If challenged, will the high court look in to the merits and vacate the injunction or just dispose teh challenge by saying let the lower court decide the main suit.
Ans: High Court has own discretionary power whether to dispose of the injunction application or send it back to lower court with a time frame direction to dispose of it.

4. Can the respondent build a house in the suit property atleast if not able to sell off
Ans: Yes.