sale of immovable property when the suit is pending
Querist :
Anonymous
(Querist) 10 July 2010
This query is : Resolved
During the pendency of the suit in trial court , High Court and Criminal Court , the Defendants who were set free on Bail have executed the sale deeds. The trial court had given status quo order. And the matter was pending in the High Court and there has been a transaction between the defendant and a new person.
1. Is it necessary that new person should be made a necessary party. 2. the Defendant has confessed that they did sell the property which was under pending before the high court and say that they have every right to enjoy the property. what should be the further step towards such a deliberate act of the defendants and they openly claiming that they have every right to enjoy the property inspite of the status quo order of the trial court and the stay in High court.
Adv Archana Deshmukh
(Expert) 10 July 2010
The sale is a nullity as it is executed inspite of the order of status quo of the court. You can file for contempt of court against the deft.
Chanchal Nag Chowdhury
(Expert) 11 July 2010
1. Proceed for Contempt of court. 2. Proceed for cancellation of sale as it is a nullity.
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