Code of civil procedure

rakesh (Querist) 24 July 2012 This query is : Resolved
hi, can i seek demolition of the building constructed during the time when there is injunction restraining the developer to do so, in execution proceeding. note the execution proceeding is against the temporary injunction under o.39 r.1 and 2. the suit is pending for its adjudication

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R.K Nanda (Expert) 24 July 2012
State facts of case in detail.

rakesh (Querist) 27 July 2012
plaintiff had filed suit for declaration,injunction and other reliefs. order below exh.5 i.e injunction application was
defendant are restrained form carrying out any construction activities over the suit land and also restrained from creating any third party interest therein.
the defendanthasinspite of this order created third party interest in the flats by registered deeds as well as carryed out construction

ashutosh mishra (Expert) 27 July 2012
If the defendant was served with this order then you may initiate breach proceedings against him under order 39 r2A Cpc and can also seek demolition of constructions made after the passing of the order invoking jurisdiction under 151 cpc.

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