suit for specific performance of agreement

Querist : Anonymous (Querist) 06 July 2010 This query is : Resolved
in a suit for specific performance of agreement atemporary injuction has been granted.but defandent has sold the property before filing the suit but after the agreement.the application for impleading purchaser is pending.Now the purchaser is demolishing the construction over property.What relief we can get from court?

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Adv Archana Deshmukh (Expert) 06 July 2010
After impleading the purchaser as a party, the plaintiff can seek the order to maintain status quo in respect of the property i.e. not to erect any construction on it etc.

Y V Vishweshwar Rao (Expert) 06 July 2010
I am of the opinion that along with application for impelading the Purchaser a petition for maitaining Status Quo can be filed agaisnt the Purcahser /proposed party - pending order 1 Rule 10 CPC petitiona and

The Purchaser is the person claiming under Defendant and all legal implication / orders / propsed Decree implication on the Defendnats will be binding on the purchaser as person claiming through the Defendnat

Daksh (Expert) 07 July 2010
Dear Anonymous,
In the light of the facts and circumstances you have mentioned immediately put the purchaser to the notice (asking for exemplary damages if he still continues with demolition/construction) and simultaneously file a Order 1 Rule 10 Application impleading him a party, go to the site and take photograph. If possible represent to the local municipal authority to direct stoppage of construction pending adjudication during court proceedings.

Best Regards

Daksh

Uma parameswaran (Expert) 07 July 2010
Bring the matter before the Court and avail order against the demolition of the construction in the property.

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