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Lalithamma A   08 June 2023

Contempt of injunction order - property sold while injunction order

    My Friend obtained the land via registered sale deed 15 years back and since then he was in possession of the land. Without our knowledge legal heirs of the seller approached civil court and requested for partition, fraudulently claimed they are in possession and requested for the ex-parte injunction order. Somehow Same day when they filed the case they obtained interim Injunction order.       My friend is not aware of the case, nor he received any notice regarding the same. Recently my friend sold some part of the land and the registration happened in sub registrars office. Now what will be the consequences and remedies available. Does it fall under Contempt of the interim Injunction order. What should i do Now. 1. Do I need to approach the higher court that opponent obtained Injuction With Fraud and missrepresentation of possession. 2. What other steps i need to take 3. Contempt of Injuction will it initiate any criminal proceedings.? What proactive actions i need to take. Please advice. Regards 



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 4 Replies

Dr. J C Vashista (Advocate )     09 June 2023

The property is stated to be titleholder and possessor of land which is purchased by your "friend" so you should "just relax."

Answer to your queries are:

Q 1. Do I need to approach the higher court that opponent obtained Injuction With Fraud and missrepresentation of possession.

Ans: What is your locus standi / concern with suit property ?? Nil

Q 2. What other steps i need to take

Ans: Cool down

Q 3. Contempt of Injuction will it initiate any criminal proceedings.? What proactive actions i need to take.

Ans: Ask your tutor / coach / professor for the moot court / fabricated and time pass topic
 

Kishore   09 June 2023

Respected Sir, the scenario is not a moot court excercise rather a real problem we are facing at present.

1. The main issue we want to understand is we made a sale while injunction order is active and we were not aware about the Injunction order.

2. I like to know whether the sale leads to contempt of injunction order. Will the opponents can they intimate any criminal proceedings against us.

3. Do we have any remedy to approach high court to set aside the injunction order

Real Soul.... (LEGAL)     09 June 2023

If your friend had no notice of happening or orders from the court then he is not bound by such order or injunction.

Until you receive and acknowledge the notice of any order you are not bound by that order neither you will be liable for any action. Just forget it and don accept any notice, and if you receive the notice then the order will be applicable upon your friend and he has to obey that but the past actions won't be in  dis-obedience ; If you will go to higher court or approach same court for removal of status qua that means you already acknowledged the court order.

It is better to keep quit until notice is served upon you.

Dr. J C Vashista (Advocate )     10 June 2023

You have stated, inter alia, that,

"1. The main issue we want to understand is we made a sale while injunction order is active and we were not aware about the Injunction order.

Ans: "Buyer Beware" is the maxim applicable to you, which you were supposed to verify before finalisation of sale transaction, now you are a party to the case, which you cannot escape.

2. I like to know whether the sale leads to contempt of injunction order. Will the opponents can they intimate any criminal proceedings against us.

Ans: Presumably competent court has restrained parties to the suit qua transfer of title or possession of suit property (which is to be confirmed from the injunction order) the transaction would tentamount to violation / disobedience of Court orders, which is an offence for trial. 
 

3. Do we have any remedy to approach high court to set aside the injunction order"

Ans: Contact, consult and engage a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

 


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