Reply: The trial court directed both the parties to maintain status quo regarding possession. In these circumstances, in this case you alleged that you have been dispossessed from the premises in question, it would be expected of you to lead cogent and convincing evidence to establish your possession. In case of violation of interim injunction, the appropriate remedy for you would be to have recourse to the provisions of Order 39, Rule 2 CPC. In the absence of any specific and unambiguous finding regarding possession, the police cannot be directed to restore possession of the plaintiff.
Author: Legal Advice Guru
Query: I had taken a loan of ₹ 5 lakhs from a private financer. At the time of advancing loan, the financer had also obtained security cheques from me. Although, the loan amount with interest has been repaid, but the financer did not return the security cheques. He misused the same by filing a false case under Negotiable Instruments Act. How should, I defend myself.