stay of suit

Querist : Anonymous (Querist) 30 December 2010 This query is : Resolved
sir, a property owner file a suit for permanent injunction against a person for not to disturb the peaceful enjoyment of the property and the suit is pending before the court of law. Meanwhile he pleadge the property document in a bank and then after lapse of two years the bank will seized the property under surfaeci Act.The bank also auctioned and sale the property to one of the auction bidder. now what is the position of the case. whether the case is dismissed? or the purchaser can conduct the suit and whether the defendant have any rights to conduct the case evethough the property was auctioned by the bank?please advice me in favour of the purchaser Or auction bidder and give some related authorities....

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adv. rajeev ( rajoo ) (Expert) 30 December 2010
Being purchaser/bidder you cannot continue with the case.

Guest (Expert) 30 December 2010
The suit will become infructuous. because the possession has been ousted by the act of the plaintiff. The suit will be dismissed.