Civil Procedure Code (CPC)

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Abhi Sukal   24 July 2021

Regular civil suit

Regular civil suit filled before the court for succesion . the property is sold and suit is filled in court for unauthorized and illegal sale of property. now the purchaser of that land started digging with JCB machines in land. stay order yet not given by court. So now what should we do in this situation ? Can he claim for expenses he made in this land after the suit dismissed.
Plz Help


 4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 July 2021

I am sure you have already engaged a Lawyer when you initiated the case in the Courts. Prevail upon your Lawyer to approach the Court and obtain Stary Order and get the same served on the purchaser.

 

By the by, did you include the purchaser also as one of the parties in the case filed by you for unauthorized Sale?

1 Like

Dr J C Vashista (Lawyer)     25 July 2021

Since there is no stay of digging / construction the purchaser has a lawful right to proceed.

Digging expenses to be paid or not is to be decided by the Court as per circumstances, which can not be predicted / presumed at this stage.

Your lawyer is the only and best person to advise you.

1 Like

Advocate Bhartesh goyal (advocate)     25 July 2021

Obtain stay order from court and implead purchaser as defendant in suit.

P. Venu (Advocate)     26 July 2021

What do you mean by "Regular civil suit filled before the court for succesion"? Please post the complete facts.

Is the purchaser a party in the proceedings?

 


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