Querist :
Anonymous
(Querist) 30 July 2011
This query is : Resolved
Dear Sir, My brothr sold my father property without informing me as my father already expired. the person who buy he started a construction for building house. however when i know i hire a advocate and file a suit for permanenet injunction. police stop their construction as i got a order from civil court u/o 3 clause 1,2&3 CPC with section 151 CPC for permanent injunction till disposable of the case. construction work stop from one year and suddenly we found that person put some advester and statrted to living there without any order from court. Sir, i would like to know what case i put against him and what will i do immediatly to remove them from there as they are staying there unlegaly and not follow the court order.Thanks
niranjan
(Expert) 30 July 2011
There will be injunction against construction but not against alienation or transferring possession etc.So in the changed circumstances you may again file mandatory inj.application for removing the person and also for not transferring the premises in any way to any body.
prabhakar singh
(Expert) 30 July 2011
order is not enforceable against them as they are not party, imp lead them too and move suitable amendments in olaint and relief,pray intrim relief against them also.
Chanchal Nag Chowdhury
(Expert) 31 July 2011
It all depends on the nature of the order of injunction. U may file another application for Mandatory injunction.
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