498a Fighter (u) 13 May 2012

Application order 39 rule 1and2 (cpc) and framing of issues

The matter is coming up for hearing on 21.05.2012 before the court for arguments on application Order 39 rule 1and2 (CPC) and framing of issues , Pls suggest how such frames to be issued. I bought 76% of the whole building from the builder in 2007-2008 and since then the roof of the 2nd floor belongs to be via my ground floor agreement dated 2007.

Afterwards builder sold the roof to the second floor owner by just issuing the same on his company letterhead and not on the original builder buyer agreement. Both parties agreement are with HDFC Ltd.

My roof title on my agreement mentioned for plot 26 while my house agreement is of house 36,. I bought 80% of house 36 which has mentioned on exclusive right to roof of house 26...this is a mistake all know.

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Narendra Malik (advocate) 14 May 2012

There are 2 cases 1st civil suit and 2nd civil misc. application, c.m.a. is for temporary injunction u/o 32 rule 1 and 2 of CPC is pending, this is general trend that disputed property is preserved by the Hona’ble court till the final disposal of civil suit.

In civil suit after filing written statements by both parties, court frames issues, means points of dispute are extracted and parties have to prove the issue which is assigned to them by the court, so that parties can lead their evidence.

Remember you are co-owner of the property and property is undivided (not partitioned yet), each & every inch of property is owned by you and other party.