stay of suit

Querist : Anonymous (Querist) 30 December 2010 This query is : Resolved
sir, a property owner file a suit for permanent injunction against a person for not to disturb the peaceful enjoyment of the property and the suit is pending before the court of law. Meanwhile he pleadge the property document in a bank and then after lapse of two years the bank will seized the property under surfaeci Act.The bank also auctioned and sale the property to one of the auction bidder. now what is the position of the case. whether the case is dismissed? or the purchaser can conduct the suit and whether the defendant have any rights to conduct the case evethough the property was auctioned by the bank?please advice me in favour of the purchaser Or auction bidder and give some related authorities....

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adv. rajeev ( rajoo ) (Expert) 30 December 2010
Suit itself is not maintainable because the owner who had obtained the injunction order is not the owner at present. some other person is owner of the suit property. So produce the document before the court and get the suit dismissed.

Y V Vishweshwar Rao (Expert) 30 December 2010
I presume that - Plaintiff-Owner filed suit for injunction and Mortgaged the said Property to the Bank - Bank sold it under Security Act and Auction Purchaser having purchased the Suit property is the present Owner ! if it is correct ;-

The Auction-Purchaser can himself implead in the Suit as Plaintiff and continue the suit against the Defendant for Decree for injunction - Order 1 Rule 10 C P C & Order 22 Rule 10 CPC - Proper and necessary party and and also person having interest in the property !