pankaj verma 21 September 2021

civil case

if the one of the plaintiff in a civil case after the grant of stay purchase the disputed land from defendant then what will be the order of the court as the court directs that both of u plaintiffs present the comprise deed but the second plaintiff is not ready to compromise but defendent is ready...plz guide me as per the any judgement... thanks 🙏🏻🌹🌹💓💓

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This discussion addresses a complex civil case scenario where a plaintiff purchased disputed land after a court stay was granted. The court had directed both plaintiffs to present a compromise deed, but one plaintiff is unwilling to compromise, while the defendant is ready. The advice given is that both plaintiffs must reach a mutual decision and seek permission from the Trial Court to withdraw the suit before finalising the sale. Transactions are generally not permitted during a pending legal process (lis pendens) if an injunction is in place, and any compromise requires agreement from all parties involved.

2 Replies

Dr. J C Vashista (Advocate ) 22 September 2021

Both the plaintiffs have to come to same decision and apply/ seek permission of the Trail Court for withdrawal of suit before finalisation of sale transaction. However, no transaction is permitted lis pendence, where the court has issued an injunction.