sale of immovable property while pending in the court
SHIESTA007
(Querist) 15 July 2010
This query is : Resolved
Dear Team,
There has been sale of immovable property during the pendency of suit.
The plaintiff had filed an application for Interim Injunction and the IA had been dismissed.
The trial court futher proceeded with the case and the evidence was going on. The defendant filed an objection saying that the suit was not valued properly and proper court fee was not paid.
The trial court ordered the plaintiff that deficit court fee should be paid on the market value of the property and falls U/sec 24[a] of K.C.F & S. V. Act 1958.
The plaintiff challenged the order in the High Court for the deficit court fee and finally the court disposed of the case giving verdit that the court fee should be paid under Sec 38 of K.F.C.& S. V Act 1958.
During the pendency in the high court the defendants made sale deed and sold of the property.
Now what should be the procedure for the next step to move ahead.
The First I.A. for interim injunction was rejected and now during the pendency in high court , does the defendant have any rights to sell the property.
Does this lead to Contempt of Court for suppressing and misrepresentation of the facts in the High court by the Defendants.
I thank all the members for their valuable time to answer the query.
Chanchal Nag Chowdhury
(Expert) 17 July 2010
Since there was no interim order, the question of Contempt of Court does not arise. However, the sale is subject to lis pendens, i.e.,subject to the result of the suit. U may again move for interim injunction on the basis of the new development.
