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Jayanti Devi (Student)     22 August 2025

Injunction order 39 rule 1&2

plaintiff has made an unregistered agreement with developer and paid 30% advance consideration for a flat in an under construction residential property.

now, plaintiff has cancelled agreement and requested refund of money as per agreement clause.

but , developer has admitted the refund yet not actually refunded the money.

now, problem is in a money suit, plaintiff will get only money decree but no ways to recover the money  since developer is not a branded one and does not have any property..

therefore, plaintiff  has now decided to file a title suit clàiming interim injunction on the flat as per order 39 rules 1&2 in CPC.

now,  question is 

a) what will the judge do when an u registered agreement is submitted as an evidence for injunction on the flat 

b) if the judge rejects the u registered agreement saying that it is not enforceable by law, then what are the other options to recover money ?

c) is there any way to file a criminal suit and force the defendant to come to settlement through criminal courts ?

d) defendant has admitted the offence on paper and replied that it will refund .. so , can this be considered as a criminal case under section 406 and 420 ?

 



 12 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     22 August 2025

1.  File criminal complaint 406/ 420, this creates real pressure.

2.   File a consumer complaint instead of regular money suit, cheaper faster more execution power.

3.  Also file for interim injunction on the flat under order 39.

 

T. Kalaiselvan, Advocate (Advocate)     23 August 2025

How a title declaration suit is maintainable when you don't have a title to the property.

You have entered into an unregistered sale agreement and reported to have cancelled it, if the builder is refusing to return the advance amount you have no option than to file a suit for recovery of your money and no other case is maintainable. An injunction petition is also not maintainable but you can ask for attachment before judgment over the property that is on the name of the builder.

Even criminal case is also not maintainable. 

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     23 August 2025

Since you don't keep possession injunction suit is not maintainable

A Criminal complaint case iu/s 406,420 IPC will create a pressure 

A civil recovery suit is a must 

Jayanti Devi (Student)     23 August 2025

the problem in a consumer and civil recovery suit is that court will definitely give order but builders don't obey court orders.. so, how will we execute the order ?

is it possible to go to high court and create criminal action from high court ?

my point is unless u create a leverage, noone will give bak money... so ething else needs to be taken  from builder in order to get back money.. creating pressure and all does not work.. builder will never return money unless you force them to give it back either through injunction or criminal police action or attachment of some other vacant flat in this project or any other project ? but, if injunction or criminal action is not maintainable then nothing can be done it seems...civil action will result in civil imprisonment max to max.. no use..

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     23 August 2025

Civil decree has a execution proceeding where the defaulter can be forced to pay back with order from the court by attaching his property,tne court can order imprisonment if there are any malpractices adopted to avoid the payment 

Dr. J C Vashista (Advocate )     24 August 2025

Every alternate day another hypothetical academic exercise is being posted by the author.  

Jayanti Devi (Student)     24 August 2025

but a civil court can order civil imprisonment, right ? and plaintiff would have to bear the cost for that imprisonmnet ?

T. Kalaiselvan, Advocate (Advocate)     24 August 2025

You can get his property attached in the execution proceedings after getting a judgment in your favor in the money recovery suit.

If he has no property then look for attaching his office property that is running now and also get an ordr of arrest.

Of course the decree holder has to bear the cost for civil arrest process. 

Jayanti Devi (Student)     24 August 2025

personal amd office property attachment can be done from consumer court also.. then why civil money suit ?

in consumer, the additional option of arrest is there where plaintiff wont be required anything to pay for that arrest..

then why not consumer ?

T. Kalaiselvan, Advocate (Advocate)     24 August 2025

This is not a place for arguments, the experts here have rendered their opinion as per their under understnding and interpretation of  of law, if you know law and other issues more than anyone, then nothing will prevent you from proceeeding as per your own knowledge and proposal instead of arguing over the opinions rendered by experts here.

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     24 August 2025

I think there is someone trying to test the knowledge better do what you believe is correct don't play game

Jayanti Devi (Student)     25 August 2025

please dont take anything personally and use a so called tag of "expert" to deviate from the point...

this is a case and if i have a point which makes sense legally and logically then no harm in accepting that...

sticking to the point and the technicalities are important rather than deviating from the point with personal remarks...


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