Developer has made an agreement with plaintiff/buyer for an understanding construction flat for which developer has received advance payment.
but buyer has cancelled agreement as per cancellation clause and requested refund of amount after deduction as mentioned in agreement cancellation clause.
developers lawyer has admitted and agreed to refund but actually not refuñded.
hence buyer/plaintiff has filed money suit in appropriate civil court requesting for money refund with interest only.
however, civil court proceedings are very slow and the standard "tariq pe tariq" is going on without any hearing...
now, question here is if the developer/defendant now sells off the flat to another person and gives away possession to another buyer, can the existing buyers money refund be executed after order passing ??
it might take 2 years to bring out an order for money refund from court but in 2 years developer might finish construction and handover flat to another buyer..
now, question is what legal steps can current buyer take to stop the sale and posession of the flat to any other buyer ??
can a separate petition be moved for stop sale /stop possession on that flat at this point of time in the same court ?
