SPECIFIC RELIEF ACT

Querist : Anonymous (Querist) 02 September 2010 This query is : Resolved
SIR

I AM PRACTICING ADVOCATE IN VISAKHAPATNAM

CASE DETAILS FOLLOWS

VENDOR AGREE TO SELL HIS LAND AND HE MADE TWO AGREEMENTS IN THAT SECOND AGREEMENT HOLDER FILED CASE UNDER SPECIFIC PERFORMANCE AND HE OBTAINED DECREE, IN THAT A APPEAL HAS PRNDING

I AM CONTESTING FOR FIRST AGREEMENT HOLDER , HE COMPLETED HIS LAND REGISTRATION AND MUTATIONS ETC. LATER THE DECREE HOLDER COME WITH ANTI SOCILA ELEMENTS, THEN I FILED A CASE AGANIST MY VENDOR AND THE SECOND AGREEMENT HOLDER

HOW CAN I DEFENDANT ORDER 39 RULE 1& 2 PETITION AS WELL AS IN SUIT PROCEEDING

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Devajyoti Barman (Expert) 02 September 2010
The query is not clear. In the case of temporary or ad interim injunction the court generally pass an order of status quo or not to make any illegal activities in the suit property in which eventuality either of the parties should not bother much as the outcome of the suit does not depend upon it.

Rajeev kulshreshtha (Expert) 02 September 2010
As Mr. Barman said you are not clearing that for what relief you filed the suit. The query regarding O 39 r 1&2 is well answered by Mr. Barman and i agree with him.

a.manoharan (Expert) 03 September 2010
yes.quary is not clear. when and how 1st and 2nd agreement were executed? who were parties? Registered or Unregistered? how 2nd agreement holder got decree? Ex-Parte? 2nd suit was colluded ?

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