Damage suit

Ronak (Querist) 10 August 2010 This query is : Resolved
We had a property suit on which status quo was maintained. Now the status quo has been rejected by the court, but the suit is still in continuation. Order has been passed saying that the plaintiff has unnecessarily maintained the status quo causing damage and delay for development. We have filled a damage suit in means of compensation for malitious prosecution and have asked for attachement of plaintiffs property. Can the atachment before judgement be made by the court and how. Please tell in detail

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Devajyoti Barman (Expert) 11 August 2010
The attachment before the judgment or decree is passed very sparingly and that too if you could prima facie proe that the suit property is going to be wasted , damaged or the same is going to be transferred by the defendant during the pendency of the suit et all.

s.subramanian (Expert) 11 August 2010
yes. i agree.

AJAY K KULSHRESTHA (Expert) 11 August 2010
CAN YOU PL COPY AND PASTE THE CONTENTS OF YOUR PLAINT?IT WILL BE BETTER TO GIVE SUITABLE ANSWER

Guest (Expert) 11 August 2010
KINDLY NOTE THAT THOUGH THE STATUS QUO IS VACATED THE MAIN MATTER IS STILL PENDING IN THE COURT.KINDLY NOTE THAT IT WAS INTERIUM ORDER AND WAS VACATED BY THE COURT AFTER HEARING BOTH THE SIDES.
THE OTHERSIDE MAY FILE ADDITIONAL DOCUMENTS AND APPLICATIONS TILL FINAL HEARING OF THE MATTER.
IT IS ADVISIBLE TO WAIT TILL FINAL JUDGEMENT OF THE MATTER WHEN CLEAR ORDERS WILL BE PASSED AND YOU CAN DELAY SUIT FOR COMPENSATION AND DAMAGES.
THANKS.

Ronak (Querist) 12 August 2010
But the court had ordered for rejection of status quo and have clearly maintained that plaintiff have unnecessarily harrased the builder and had asked for status quo to stop the development activity since last 2 years.

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