Your question does not disclose as to for relief Sham has filed injunction against Ram. Unless that is known, no proper solution can be given.
Partition of plots
Ram and Sham are two brothers. Both are have equal share in agricultural land and this equal shares was decided by a court through partion suite. Now agricultural 7/12 record having both the names with equal share. Ram is having general power of attorney given by Sham for current agricultural land, given for partioning of land (partition suite purpose). Now both the brothers decided to convert agricultural land in to non agricultural land (plotes) and made 20 plotes. Now 7/12 of 20 plotes are having both brothers name as owner. Now Sham is not agreeing to equally distribute the plotes among them. So Ram used his attorney rights and original court partition decree and made contract for equally distribution of plotes among them and made application to local land record authority to make changes on 7/12 records of plotes as per contract. 10 plotes for Ram and 10 for Sham. Local land authority changed 7/12 as per contract (made by Ram). Now Sham filed suite for injunction against Ram in court. What will be chances that Sham will get relief in this case by court. Location: Pune, Maharashtra.
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
It is necessary to peruse power of attorney executed by sham in favour of Ram to advice
if he had power for division of plots sham suit would be dismissed
Sham filed suite for injunction against Ram and asked court to stop Ram, for sale of Ram's plotes to third party.
Asked 3 years ago
Ram is GPA holder from Sham and Sham filed suit for injunction against sale of property by Ram. Sham can only get injunction against Ram only for half of property that belonged. Ram is free to sell his share of property there will not be any injunction against that.
1) court may direct maintenance of status quo pending hearing and final disposal of suit
It depends on the discretion of the court there are equal chances of getting same or rejection of the same
- Since both of them got their respective share by way of partition suit , then none of the parties can refuse to comply the said order passed by the court , and this amounts to contempt of the court.
- Further, if the said partition is as per the direction of the court , then an injunction suit is not maintainable , you should furnished the earlier court order with your reply before the court to dismiss the Sham suit .
It should be seen that what is the basis and the grounds that the agitating party has filed this injunction suit.
If he has no strong reasons for this suit and he has filed this suit only to harass the other party and to put pressure on him then his suit may not maintainable, however the opposite party should strongly and properly challenge the same in the trial proceedings based on the documentary evidences he relies upon.
Ram should fight back strongly based on the documentary evidences in his support and get the case filed by Sham dismissed.
Dear Client,
Sham might get relief in the court even though the local land authority has already approved it. Sham can contest the approval in the court of law.
Thank you.
