Court order and it duration ?
sam
(Querist) 30 May 2016
This query is : Resolved
a case which involve buyer, saler and third party.
a person sales a plot to a buyer by making agreement through a high court order and pay 40% of total amount in cash.third party puts case in lower court on buyer as he has done agreement,for blocking pathway through the buyer plot, lower court orders in third parties favor as u cant block any one pathway.the buyer appeals in high court asking for justice . the HC order buyer to put remaining money in court treasure bank and order saler to clear buyers obligation of pathway. year pass buy approxi 11 years but still the obligation has not been cleared.
the buyer purchase plotit through legal procedure as per 1st appeal agrement made ,mutation done now put for partition but objection taken buy third party again, to mention pathway route in partion plan.
now quetion is
1. HC order in 2nd appeal of obligation of pathway is still not cleared ,can the saler take the money from the court treasure bank without consent of buyer as he has purchased the plot?
2.what is duration of court order to be cleared by opponant.if not wht is the panelty?
3. can the buyer now go in the HC FOR 3RD APPEAL or in supreme court for contempt of court done by the saler?
4.will third party get its pathway in partition plan.
5.what mistake did the buyer do in whole scenario.
T. Kalaiselvan, Advocate
(Expert) 04 June 2016
1. The vendor has to take no objection from the buyer before making the application for withdrawal of deposit amount.
2. There is no question of duration, it is the process of court.
3. If the judgment in the appeal is not satisfactory the buyer can approach court with another appeal
4. It will be difficult to opine without seeing the case papers or property related documents
5. How can any expert here can guess?
