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Varshan   05 December 2023

Powers vested in a stay order issued by supreme court

I HAVE PURCHASED A PROPERTY IN TAMILNADU, WHILE BUYING THERE WAS NO LITIGATION, BUT AFTER PURCHASE THE DAUGHTER OF THE SELLER FILED A CASE IN LOWER COURT CLAIMING SHARE IN IT , THE CASE GOT DISMISSED AS THERE WAS ALREADY A AMICABLE PARTITION BETWEEN THE SELLER AND THEIR FAMILY MEMBERS . THE DAUGHTER WENT FOR APPEAL IN HIGH COURT AND THE COURT PASSED A DECREE TO REOPEN IN LOWER COURT DUE TO LACK OF MERIT GROUNDS IN ADJUDICATION . NOW THE SELLER HAVE FILED A SLP AND RECEIVED A STAY ORDER OF THE IMPUGNED JUDGEMENT . NOW WHAT ARE THE POWERS VESTED TO STAY ORDER , WILL I BE ABLE TO GO FOR LAYOUT APPROVAL IN TAMILNADU DTCP NORMS . THE SLP WILL BE 100% allowed only  



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

You cannot proceed with the proposed development of the site either for layout approval or any developmental activities during the pendency of civil suit and the SLP before the trial court and the apex court respectively.

You have to wait for the disposal.

Dr. J C Vashista (Advocate and Legal Consultant)     06 December 2023

During validity of stay the parties are to maintain status quo and wait for outcome of SLP.

You have already engaged an able, competent and intelligent lawyer to contest / proceed your case(s) till Supreme Court, besides the fact s/he is well aware about facts of the case(s) what is his / her opinion and advise ? Why do you need second opinion ?

Varshan   06 December 2023

Kalaiselvan sir and JC sir , We purchased the land from the seller's sister after the partition deed was registered between the seller and their sisters. The daughter of the seller filed a petition in the suit  that the partition deed is invalid , but the high court dismissed the miscanellous petitions but the appeal is allowed and now the slp , will this help us in any way?

Real Soul.... (LEGAL)     06 December 2023

At the moement the daughter has no locus standii, you can proceed with sale as there is no stay for sale, but to be at more sfer end just wait for outsome of SLP ,You can in the mean time register a sale agreement with payment options

Varshan   06 December 2023

Sir , Slp would be 100% allowed but it would take a year to adjudicate , its been already 3 years for us and enjoyment . I want to develop and obtain a layout approval in tamilnadu , will that be possible and what is locus standii?

Real Soul.... (LEGAL)     06 December 2023

Since daughetr has no right to claim at moment from the proiperty and she is like stranger till the owner of property is alive. If there is no stay at all or if there is no directions upon the approving authority you can get the plan approved . There is no harm in getting your layout approved. That is not going to infer any rights except for construction or development of property.

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

The appeal is allowed and the high court has passed an order to reopen by remanding the case to the trial court.

Therefore it is a clear case of lis pendens. 

In this situation you cannot take law into your hand to proceed with the porposed development of the property into layout or any other development.

Since the seller has already aprpoached supreme court with a SLP, you may have to wait for the disposal of the SLP or else the party to the trial court suit will file an intervene petiiton and  get your SLP dismissed due to the fruadulent activity of developing the property during the pendency of trial as well as SLP.

Better do not take a risk.

Varshan   06 December 2023

Sir , intrevening application is for impleadmeant of parties to the case isnt sir

T. Kalaiselvan, Advocate (Advocate)     07 December 2023

Intervene petition before supreme court in the SLP means that the aggrieved party can raise objection before the court with regard to the relief sought by the petitioner due to the grievances the intervenor suffered. 


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