Permanent Injunction Without Declaration In Fairfax
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Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.
There are several different types of Virginia civil litigation claims. Basically, anything that is not criminal. A civil litigation case can be for personal injury, business transactions, property disputes, construction disputes, state litigation, trust litigation, and other civil litigation concerns.
Simpliciter a suit for permanent injunction was filed without seeking a declaration of the rights vested in the respondents-plaintiffs on the basis of documents produced by them on record, which was not maintainable.
“....a suit simpliciter for injunction may not be maintainable as the title of the property of the plaintiff/respondent was disputed by the appellants/defendants.
In a suit for permanent injunction to restrain the defendant from interfering with plaintiff's possession, the plaintiff will have to establish that as on the date of the suit he was in lawful possession of the suit property and defendant tried to interfere or disturb such lawful possession.
In a suit for declaration of rights or character and injunction the Plaintiff will have to substantiate/prove his rights as claimed thereof. ingly, the Court may in its discretion award the rights so prayed along with permanent injunction, if deemed fit and necessary in the facts of the case.
The respondents-plaintiffs were entitled to decree of permanent injunction. The suit simpliciter for injunction was held to be maintainable without Page 6 6 seeking declaration. The High Court found that no substantial question of law was involved in the second appeal.
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
