Legal Question in Real Estate Law in India

injuction for prohibiting from entering

We want to get the injuction from court for prohibiting a person from entering into our land. Genrally, how much time the process will take. Like number of sittings etc. My mother is aged person and she may not be in a position to attend the court regularly. Kindly advise. Thanx in advance for your kind response


Asked on 12/22/07, 2:54 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: injuction for prohibiting from entering

You may obtain a Power of Attorney from your mother to represent on her behalf in the court as civil cases, physical presence of the parties to the part is not mandatory.

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Answered on 12/23/07, 7:08 am
muhamed mustaque mk associates

Re: injuction for prohibiting from entering

when you move for injuncntion, if you have a primafacie case court normaly grant interim exparte injunction,You mother need not attend court for interim injucnction.Ulitmately presence your required if evidence need to be adduced at final stage, that too she cannot be present , a commission can be taken to adduce evidence from home.

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Answered on 12/22/07, 4:11 am
Shrichand Nahar S.V.Nahar, Advocate

Re: injuction for prohibiting from entering

You can get ad-interim injunction in one hearing also. It all depends on your Lawyer and the Court.

For the civil cases, physical presence of parties is not at all necessary. If needed, you can a power of attorney from your mother to represent her in the court.

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Answered on 12/22/07, 4:23 am

Re: injuction for prohibiting from entering

Generally it takes 2-3 years.You may get the attorney of your mother so as to contest the case on her behalf.

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Answered on 12/22/07, 11:11 am


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