Partition suit
ss
(Querist) 04 December 2009
This query is : Resolved
Please advise me on the following point:-
1. If a court granted permanent injuction in the suit property i.e. where the plaintiff residing in a particular floor and also directed defendants not to sell, tfr. and create third party interest in the suit property without court permission, but there is no mention about other two floors as the building consisting of three floors and the owner of the property died intestate. In view of above, can I now required to file another suit for stay on the whole property or for particular two floors ?2. What kind of appropriate legal action is required in this case as I am all apprehension that the defendants will sell two floors in a deceitful manner.
kranthi kiran
(Expert) 04 December 2009
Be specific whether suit is pending or not. It seems that, temporary injunction already granted is made absolute. If the suit is still pending, you can file a counter claim involving the other two floors Or else, with the permission of the Court even the plaintiff can amend the plaint so as to include the other floors. In partition suits, it is necessary that, all the properties shall be included for the calim of partition. But if the suit is already disposed off you need to file a seperate suit.
niranjan
(Expert) 04 December 2009
Permanent injunction is granted in the final order,so no suit is pending. In partition suit all the propefrties are tobe included and in that case there can be only temporary injunction.If the suit is pending,i endorse views of my learned friend.
