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Counterinjunction by Defendant - The defendant filed an application (exh. 19) for a counter injunction in response to the plaintiff's claim. The plaintiff's reply suggests the defendant has an alternative route, but lacks concrete facts establishing the origin of the disputed road. The case involves land transactions, including the purchase of land across various block numbers (e.g., 1762, 1758, 1759, etc.) as shown in the 2003 map. The defendant's counterclaim aims to prevent the plaintiff from infringing on their land or rights NAVRACHNA EDUCATION SOCIETY THRO CHAIR PERSON VS AJAYBHAI RAMABHAI MOKARIYA - Gujarat.
Analysis and Conclusion - The defendant's counterinjunction is a defensive measure to protect their land rights against the plaintiff's claims. The absence of clear evidence regarding the alternative route weakens the plaintiff's position. The case hinges on land ownership, route rights, and the validity of the defendant's counterclaim for an injunction to prevent the plaintiff's encroachment or interference NAVRACHNA EDUCATION SOCIETY THRO CHAIR PERSON VS AJAYBHAI RAMABHAI MOKARIYA - Gujarat, ASHALATHA DO BALAKRISHNA PILLAI vs ADARSH K A MINORSO LATE K B ANIYAN - Kerala.

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NAVRACHNA EDUCATION SOCIETY THRO CHAIR PERSON VS AJAYBHAI RAMABHAI MOKARIYA

2014 0 Supreme(Guj) 603 • India - Gujarat

G.B.SHAH

The plaintiff has, in the Reply to the counter claim filed by the defendant, averred that the defendant has alternative way, however, there does not appear any facts to the effect, from which side the said road is. ... Block Nos. 1762, 1758, 1759, 1756, 1755, 1757, 1764, 1774, 1745, 1724, shown in the Map at page No. 29 in the year 2003 and subsequently, the respondent – original defendant herein has purchased the land i.e. ... In the said suit, the respondent – defendant filed application exh. 19 for counter injunction,....