Recovery of possesion suit is pending & i want to take injunction order.

sohail (Querist) 03 April 2016 This query is : Resolved
Respecte Sir,

I am the petitioner in OS/36/2013 IA pending, at the senior civil judge at Shadnagar, for recovery of possession suite. And the property was not partition among the pattadars and hisadars, total Six Pattadars was there in the survey no and my five uncles gifted the 0.35 guntas land to my brother and he also become the pattadar and my brother died long back and know his legal heirs are trying to sell that suite land in which (recovery of possession suite case is pending).

Now I have the fear who ever purchase the property he will take the possession for stoping him I want to take injuction order or ad-interim injunction.

Whether I will get the injunction order or not, my brother didn’t get that property by family settlement just that was gifted land, by my uncles.

Kindly guide me what to do. For stoping the third party to take the possession of the suit land.

Regards
Khaja Masood Ali Siddiqui
Senior Citizen

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Devajyoti Barman (Expert) 03 April 2016
We can not predict the outcome of case.
You have a case for injunction and you must file such petition under order 39 rule 1&2 cpc asap.

J K Agrawal (Expert) 03 April 2016
I think the recovery of possession is sought by the heirs of your brother. If so, it is recoded fact that they have no possession over the land. One can not transfer better title then he himself has.

In such a condition you can get injunction under land tenancy Act of your state or under CPC as advised by Mr Barman.