Injunction order
satyartha prakash gangula
(Querist) 14 January 2012
This query is : Resolved
plaintiff filed a suit and got injunction order. iam the defendant. after that he sold the property and executed reg.sale deed to purchaser, suit is still pending, in this stage what can do,
1) will the injunction order inforce after sold the property
2) is it necessary i obey the injunction order
3)how should i proceed against the plaintiff and purchaser to restrain them from interfere of the property
V R SHROFF
(Expert) 14 January 2012
You should have filed counter claim.
Deepak Nair
(Expert) 14 January 2012
1. Yes
2. Yes
3. You have to challenge the order
Advocate. Arunagiri
(Expert) 14 January 2012
What is the prayer? Who is the title holder of the property?
ajay sethi
(Expert) 14 January 2012
your query is not clear what were the reliefs claimed in suit ? what is injunction granted?
if injunction has been granted restraining creating of third party rights how was property sold ?
Devajyoti Barman
(Expert) 14 January 2012
With the sale of suit property the suit itself become infructuous and with it the injunction order also become redundant.
Do file a petition in the court for dismissal of the suit.
Raj Kumar Makkad
(Expert) 14 January 2012
If the successors/newly owners do not replace the plaintiff then the suit shall become infructuous but you shall have to bring this fact before the court.
prabhakar singh
(Expert) 15 January 2012
1.THE ORDER OF INJUNCTION IS PASSED AGAINST YOU WITH RELATION TO PROPERTY OF WHICH PLAINTIFF CLAIMED TO BE OWNER AND POSSESSION;A SALE BY HIM MAKES HIS PURCHASER TO STEP IN HIS SHOES AS THE BUYER HAS PURCHASED A RIGHT OF PLAINTIFF WHICH HAS A DISPUTE WITH YOU AND HE CAN CONTINUE THE SAME SUIT BY SUBSTITUTION.
2.YES IF BUYER GETS SUBSTITUTED IN PLACE OF PLAINTIFF OTHERWISE SUIT SHALL FAIL AS PRESENT PLAINTIFF DOES NOT NOW HAVE ANY RIGHT TITLE OR INTEREST IN THE SUIT PROPERTY.
3.IF BUYER GETS SUBSTITUTED THEN YOU SHOULD FILE A COUNTER CLAIM AGAINST THE PLAINTIFFS IN ADDITION TO YOUR W.S. AS THE SAME SHALL NOT NECESSARILY CAUSE A DEMAND ON YOU TO FILE ANY FRESH SUIT.
M/s. Y-not legal services
(Expert) 15 January 2012
