Hello Sir, I am a physician turned advocate and now practicing as a medico legal advocate at Lucknow. I watch your videos regularly because you explain the topic so well.
Sir...i and my sister are co-petitioners got injunction orders on respondents of our residency which r in force, the case is still pending, now my sister who is my co-petitioner removed me from the residency by bribing the police,,,again how can I go back to my residency,,,what action need to be taken against my sister and police...
Sir my father case date for final hearing is pending since june 2019 in bombay high court bench aurangabad. We also applied petition in high court in feb2020 but yet they did not give any date so what should we want to do for get date.
Sir if person xyz has done a permanent construction on public road should we file a permanent injunction against said person. Is the case filed in lower district court or senior division court. Pls elaborate
There could be two ways of dealing with this. The first one is yes by filing civil suit for injunction against that person, and obtaining an order of temporary injunction against that person while the civil suit remains pending for final decision. The second one could be to make an application to that public authority which has the responsibility of removing encroachment on public roads such as the local municipal body. But then you will have to first find out exactly under which law that body is enjoined with the duty of removing encroachment on public roads. Then make an application to that local body to remove that encroachment on public road. In case that public body fails to perform this public duty of removing the encroachment on public road, then you can seek a writ of mandamus against that public body by filing a writ petition in the High court. Please bear in mind that this is a general answer based on your question.... please don't treat this as a legal advice of yours case. For seeking exact legal advice in your case please approach your local lawyer, who made after assessing the exact situation in your case will be in a position to guide you properly. Adv. Nahush Khubalkar
Very informative,One doubt may be cleared,That if a defendant is incuŕringirrepairable losses due to plaintiff s fakecase in which another defendant is openly.encroaching and doing unabetted construction the former defendant s safety. need be explained,
Sir, mera case last stage pr he, jisme rule nisi lagu kiya gya hai, isme kitna time Or lagega final decision hone me, and kitne%chance he jitne ke liye?
if first Appeal on temporary injunction is won in favour of owner/decree holder in district and then again in second appeal in High court and execution under order 39 rule2a is pending in trial court and then perpetual injunction by trial court is granted in favour of owner .then if judgement debter appeal on perpetual injunction in district court then what happens to tempory injunction which is granted by high court in second appeal and its execution in trial court
@@LegalInspiration what happens to execution under order 39 under rule 2a of temporary injunction order of trial court if appeal is filed on perpetual injunction in district court???
Ji han bilkul. Aapko court room ke andar ke manners and etiquettes follow karna hoga. Jaise ki mobile band rakhen. Theek sabhya tarike se baithe vagaira.
Certain things will have to be examined in your matter to determine the appropriate court. Prima facie it would appear that you will have to approach industrial / labour Court but please do not go by my prima-facie observation. I suggest you to obtain proper legal advice by contacting a lawyer and discussing the matter with him. All the best.
Sir, I am a plaintiff and filed a civil suit for Permanent Injunction under Order 39 - 1. Judge sahab has passed an ex party order but Respondent's advocate has given an application under Dhara 5 of Limitation Act and requested to recall this order. Judge sahab has accepted his application by costing Rs. 200 and given next date for Disposal of 6C but again the said advocate nor the respondents appeared in the court. Now the date is 5th April 2022. So, I humbly request you kindly to tell me that when I will get Injunction to save my property which I have received by a registered will of my father. Please also tell me how can I get a Govt. Advocate to look after my case.
Order 39 of the code of civil procedure is not about permanent injunction. It is about temporary injunction. You said that you filed a civil suit for permanent in junction under order 39 rule 1, but I understand it to mean that you filed a civil suit for permanent injunction, and have also filed another application within that civil suit for temporary injunction under order 39 of this civil procedure code. So while your application for temporary injunction under order 39 pends, till decision on the application for temporary in junction under order 39 of CPC, for obtaining immediate inteiom order / relief you have certain options. You can press before the court for the relief of 1) granting ad-interim injunction in your favour and against the defendant or 2) at least for the relief of order of status quo regarding the suit property, or 3) for the relief of directing the defendant to not create third party interest in the suit property. This way your purpose of protecting the suit property will be served as an interim measure, and then however long it may take for deciding the main application for temporary injunction, your properties will be saved. With this position maintained, the court will finally decide the application for temporary injunction under order 39 first, and depending on whether the court gets convinced or not, will either confirm the ad-interim order into final order of temporary injunction which will continue during the pendency of the entire suit or if not convinced the court will finally reject your application for temporary in junction under order 39 and may also vacate the ad-interim orders. Against rejection of application for temporary injunction you will have to file a miscellaneous civil appeal before the appellate court. If the final order of temporary injunction comes in your favor then your opponent may (or may not), also file a miscellaneous civil appeal before the appellate court. Your lawyer will guide you in all this. Please take his advice and guidance from time to time.
Please check if the court in which you are pursuing the case, they have any legal aid scheme to provide lawyers for the poor and needy, at the cost of the government. Normally such legal aid schemes are there everywhere. Contact the registry of the court and enquire.
Sir mera ghar nagar nigam ki jameen me aata hai, jo bhi log yaha rehte hai kisi ne naksha nhi banaya, to humne bhi nhi banaya, to hamare padosi ne hamari complaint MDDA me kar di, mdda ne notice bheja hamara kaam ruk gya first floor ka, police baar baar aati hai mdda me baar baar date lagti thi, phir humne sabhi ghar hamaare pados k the unki photo mdda me di or kaha sabhi makaan bina nakhsha ka hai, sabhi par same activity kro, to
जी इसमें एक ही बात कह सकता हूं वह यह कि पेशंस के साथ कोशिश करते रहो। यानी कि धीरज भी रखो और कोशिश भी करते रहो। कोर्ट कचहरी के मामलों में धीरज बहुत महत्वपूर्ण है। समय के मामले में और बहुत ज्यादा धीरज रखना पड़ेगा।
Law says that the owner should be vigilant about his rights. If the owner sleeps over his rights for such a long period the law may not help him. 10-12 years' period is too long...Better take legal consultation of an Advocate properly.
A lot of thanks to you Sir for this video. कृपया बताने की कृपा करें कि रजिस्टर्ड वसीयत जिसे प्रोबेट नही किया गया है पर वादी एवं प्रतिवादी का वसीयत के अनुसार अपने अपने हिस्से पर कब्जा है और अमीन कमीशन की रिपोर्ट से प्रूव हो गया है, तो क्या कोर्ट perpetual इन्जंक्शन देंगे? आपकी मेहरबानी होगी।
MDDA ne hamara case pending me daal diya, koi date nahin lagti ab, agar humne koi illegal construction kiya hai to beshak hamaara ghar tod de, par hamare area ka sabhi ne kiya hai unka bhi tootna chahiye ghar, nahin to hame bhi construction karne de MDDA Or police, ,sir court se kya ho sakta hai mdda k khilaaf, right to equality jaisi koi chiz hi nahi hai, phir kaisa fundamental right, half construction ki wajha se ghar me pani aata hai barish me, kabhi bhi koi hadsa ho sakta h, hum kya kre
Hello Sir, I am a physician turned advocate and now practicing as a medico legal advocate at Lucknow. I watch your videos regularly because you explain the topic so well.
I am very pleased to hear Sir about the clarification of the injuction.i am Geetanjali R Sonerao advocate of the Gujarat High court.
Thanku sir really helpful ❤😊
thank you sir ...ur video has helped Me alot to clear my doubts
Welcome Rupali! I am happy to know that 🙂👍🏼
Sir please upload your valuable and educational videos related to SCST ACT
very good
Nice teaching but required sample format like you shown plaint with judgements.
Sir...i and my sister are co-petitioners got injunction orders on respondents of our residency which r in force, the case is still pending, now my sister who is my co-petitioner removed me from the residency by bribing the police,,,again how can I go back to my residency,,,what action need to be taken against my sister and police...
Sir mere chacha hamanari ak shop hai sath me li hai to uska rent hame nahi dete to hum log uske khilaf police case kar sakte hai kya?
Kya SDO Injunction Order de sakte hain ???
Sir my father case date for final hearing is pending since june 2019 in bombay high court bench aurangabad. We also applied petition in high court in feb2020 but yet they did not give any date so what should we want to do for get date.
Since you must already have engaged the lawyer in your case it is best to ask your lawyer about this.
Sir if person xyz has done a permanent construction on public road should we file a permanent injunction against said person. Is the case filed in lower district court or senior division court. Pls elaborate
There could be two ways of dealing with this. The first one is yes by filing civil suit for injunction against that person, and obtaining an order of temporary injunction against that person while the civil suit remains pending for final decision.
The second one could be to make an application to that public authority which has the responsibility of removing encroachment on public roads such as the local municipal body. But then you will have to first find out exactly under which law that body is enjoined with the duty of removing encroachment on public roads. Then make an application to that local body to remove that encroachment on public road. In case that public body fails to perform this public duty of removing the encroachment on public road, then you can seek a writ of mandamus against that public body by filing a writ petition in the High court.
Please bear in mind that this is a general answer based on your question.... please don't treat this as a legal advice of yours case. For seeking exact legal advice in your case please approach your local lawyer, who made after assessing the exact situation in your case will be in a position to guide you properly.
Adv. Nahush Khubalkar
Very informative,One doubt may be cleared,That if a defendant is incuŕringirrepairable losses due to plaintiff s fakecase in which another defendant is openly.encroaching and doing unabetted construction the former defendant s safety. need be explained,
Sir g namaste xparty order hone par 11 year bad Restoration application accept ho jayega ki nhi
Dr my 498.sulaynama wage ab me nuekashn ka case kershka
Sir, mera case last stage pr he, jisme rule nisi lagu kiya gya hai, isme kitna time Or lagega final decision hone me, and kitne%chance he jitne ke liye?
आई एम सॉरी। निश्चित रूप से नहीं बताया जा सकता।
if first Appeal on temporary injunction is won in favour of owner/decree holder in district and then again in second appeal in High court and execution under order 39 rule2a is pending in trial court and then perpetual injunction by trial court is granted in favour of owner .then if judgement debter appeal on perpetual injunction in district court then what happens to tempory injunction which is granted by high court in second appeal and its execution in trial court
I am sorry! Too long and too confusing a question!
@@LegalInspiration what happens to execution under order 39 under rule 2a of temporary injunction order of trial court if appeal is filed on perpetual injunction in district court???
Sir kya hum High court ki hearing time court ke ander ja sakde hai ❓
Ji han bilkul. Aapko court room ke andar ke manners and etiquettes follow karna hoga. Jaise ki mobile band rakhen. Theek sabhya tarike se baithe vagaira.
Sir , which court is appropriate to approach for justice, incase of illegal termination of executive from an private organisation.
Certain things will have to be examined in your matter to determine the appropriate court. Prima facie it would appear that you will have to approach industrial / labour Court but please do not go by my prima-facie observation. I suggest you to obtain proper legal advice by contacting a lawyer and discussing the matter with him. All the best.
Sir, I am obliged by your videos. Please tell us about doing delay by Respondents advocate and how to win this?
I have answered this question in another comment of yours
Sir, I am a plaintiff and filed a civil suit for Permanent Injunction under Order 39 - 1. Judge sahab has passed an ex party order but Respondent's advocate has given an application under Dhara 5 of Limitation Act and requested to recall this order. Judge sahab has accepted his application by costing Rs. 200 and given next date for Disposal of 6C but again the said advocate nor the respondents appeared in the court. Now the date is 5th April 2022. So, I humbly request you kindly to tell me that when I will get Injunction to save my property which I have received by a registered will of my father. Please also tell me how can I get a Govt. Advocate to look after my case.
Sir, I am EWS person and don't have money. That's why I am asking you to oblige me please.
Order 39 of the code of civil procedure is not about permanent injunction. It is about temporary injunction. You said that you filed a civil suit for permanent in junction under order 39 rule 1, but I understand it to mean that you filed a civil suit for permanent injunction, and have also filed another application within that civil suit for temporary injunction under order 39 of this civil procedure code.
So while your application for temporary injunction under order 39 pends, till decision on the application for temporary in junction under order 39 of CPC, for obtaining immediate inteiom order / relief you have certain options.
You can press before the court for the relief of
1) granting ad-interim injunction in your favour and against the defendant or
2) at least for the relief of order of status quo regarding the suit property, or
3) for the relief of directing the defendant to not create third party interest in the suit property.
This way your purpose of protecting the suit property will be served as an interim measure, and then however long it may take for deciding the main application for temporary injunction, your properties will be saved.
With this position maintained, the court will finally decide the application for temporary injunction under order 39 first, and depending on whether the court gets convinced or not, will either confirm the ad-interim order into final order of temporary injunction which will continue during the pendency of the entire suit or if not convinced the court will finally reject your application for temporary in junction under order 39 and may also vacate the ad-interim orders. Against rejection of application for temporary injunction you will have to file a miscellaneous civil appeal before the appellate court. If the final order of temporary injunction comes in your favor then your opponent may (or may not), also file a miscellaneous civil appeal before the appellate court.
Your lawyer will guide you in all this. Please take his advice and guidance from time to time.
Please check if the court in which you are pursuing the case, they have any legal aid scheme to provide lawyers for the poor and needy, at the cost of the government. Normally such legal aid schemes are there everywhere. Contact the registry of the court and enquire.
Sir mai app se bat karna chahta hu pl dibani Kesha ke bare me apna n0 jarur dene ki kripa ki jay
nahushkhubalkar.mojo.page/legalconsultation
Wpc me mention kon karta hai pati one ya two
Sar kya aapse baat ho sakti hai hindi mai
Please send a whatsapp message at my whatsapp no. 9373041050, stating your purpose or question. This will make talking easier. Thanks.
Is there any injunction against the dismissal orders of govt employee?
There is nothing like and already existing injunction order. An injunction order has to be obtained from the court.
Sir mera ghar nagar nigam ki jameen me aata hai, jo bhi log yaha rehte hai kisi ne naksha nhi banaya, to humne bhi nhi banaya, to hamare padosi ne hamari complaint MDDA me kar di, mdda ne notice bheja hamara kaam ruk gya first floor ka, police baar baar aati hai mdda me baar baar date lagti thi, phir humne sabhi ghar hamaare pados k the unki photo mdda me di or kaha sabhi makaan bina nakhsha ka hai, sabhi par same activity kro, to
My apologies. Your matter needs detail examination for proper answer. It is not possible to do it here. 🙏🏼
Sir ji mera case २०१९ ka h. Mentioning karne k bad bhi hearing date nahi mil rahi. Reply १ sal se aya hua h. Please give advise sir ji.
जी इसमें एक ही बात कह सकता हूं वह यह कि पेशंस के साथ कोशिश करते रहो। यानी कि धीरज भी रखो और कोशिश भी करते रहो। कोर्ट कचहरी के मामलों में धीरज बहुत महत्वपूर्ण है। समय के मामले में और बहुत ज्यादा धीरज रखना पड़ेगा।
Sir someone has illegally constructed building in my deceased father's land since 10- 12 years. What's law saying sir please
Law says that the owner should be vigilant about his rights. If the owner sleeps over his rights for such a long period the law may not help him. 10-12 years' period is too long...Better take legal consultation of an Advocate properly.
How much time to take in injunction suit ?
A lot of thanks to you Sir for this video. कृपया बताने की कृपा करें कि रजिस्टर्ड वसीयत जिसे प्रोबेट नही किया गया है पर वादी एवं प्रतिवादी का वसीयत के अनुसार अपने अपने हिस्से पर कब्जा है और अमीन कमीशन की रिपोर्ट से प्रूव हो गया है, तो क्या कोर्ट perpetual इन्जंक्शन देंगे? आपकी मेहरबानी होगी।
Thanks for watching!
Please pardon me... for answering your query the information is insufficient.... please get consultation from a lawyer.
Sir stage of case-Admission(fixed case)
What its mean.?
It may be fixed for admission hearing on a particular date.
@@LegalInspiration thanks alot sir 4 ur rply u r really a humble person God bless u
Lve frm jharkhand❤️
MDDA ne hamara case pending me daal diya, koi date nahin lagti ab, agar humne koi illegal construction kiya hai to beshak hamaara ghar tod de, par hamare area ka sabhi ne kiya hai unka bhi tootna chahiye ghar, nahin to hame bhi construction karne de MDDA Or police, ,sir court se kya ho sakta hai mdda k khilaaf, right to equality jaisi koi chiz hi nahi hai, phir kaisa fundamental right, half construction ki wajha se ghar me pani aata hai barish me, kabhi bhi koi hadsa ho sakta h, hum kya kre
My apologies. Your matter needs detail examination for proper answer. It is not possible to do it here. 🙏🏼
शाळा न्यायाधिकरण सोलापूर आणि
औरंगाबाद हायकोर्टातील केसचे अपडेट कसे बघावे ?
शाळा न्यायाधिकरण बद्दल माहिती नाही. हायकोर्ट बद्दल बॉम्बे हायकोर्ट च्या वेबसाइट वर कळेल.
Sir tumi tumcha llb kutlya colleg. Mde keli plz
University's College of Law at Nagpur
@@LegalInspiration rashtrasant tukdoji maharaj vidhi vidyalay ( main branch) ithn tumi tumcha llb kel kay kr gs college javd ahe
Sir tumcha pratisad nahi midala ahe ajun hee
SIR PPLS TELL ONCE IF YOU GET ORDER OF INJUNCTION BUT THE DEFENDANTS ARE NOT OBEYING
सर 482 में स्टे ले लिया है हाईकोर्ट से ऑर्डर कैसे करवाएं लड़की वाले सर परेशान है
सर कोई उपाय बताएं
Please i want to contact you how can i do....🙏
Please go to this link. You will know how to contact me. www.dibiz.com/nahushkhubalkar
Friends always produce yourself before judge and tell story otherwise you will go long.,,,😃...
Am I right?
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