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Pulkit Chamaria (article)     20 September 2013

Caveat filed-ex parte status quo ordered

I own a residential cum commercial building having 2 shops and a flat. Both the shops are under rent and I have the possession of the flat. I have agreed with one of the shop tenant to sell off the complete property to him on 9th May 2013.Also I have received an advance from the said party. All permissions have been obtained from the concerned offices to sale the property. In the mean time, the other shop tenant threatened me that i can not sell out the property without his permission. In defence, I filed a caveat with the civil court on 8th Aug 2013. The notice of the caveat was sent to the opposite party on 20th Aug 2013 and delivered on 27th Aug 2013. But the other tenant managed somehow to know about the filing of the caveat and prayed for an ex-parte injuction on 26th Aug 2013 from the civil court on the ground that in 1991, when the tenant came in possession of shop he has had verbal agreement with me that he will get a preference when i wish to sale off the property ever in future. This allegation is totally baseless. On his representation, the civil court on 26th Aug 2013 has ordered status quo till the date of hearing and i have been asked to show cause why an injunction should not be granted to him. The show cause reply has been filed by my advocate. But the opposite party is willing to linger the case and kill as much time possible. But I am suffering huge loss. Please advice a quick and effective remedy so that i can get justice and get the property registered in the name of the tenant with whom the dealings have advanced at length.  



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