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ps (md)     14 January 2011

sale of property while o. p and i.a is pending

1) a partnership firm of two partners A and B. 

2) partner A filed an o.p and i.a for  appointment of arbitrator and attachment of personal property( in the name of partner B with the help of bank loan). the same is pending in the civil court.

3) in the mean time partner B sold a personal flat to the third party. partner B filed the dissolution suit in the same court.

4) partner A went to high court and got the order for appointing the arbitrator, in his favour without stopping the dissolution suit( o.p and i. a still pending).

5) partner b approached the supreme court and stayed the appointment of arbitrator.

6) partner A again initiated a new suit " SUIT FOR DECLARATION OF REGESTERED SALE DEED AS ILLEGAL,BOGUS, NULL AND VOID u/o 7 r1 and 2, r/w sec 26 of c.p.c ", in the court which comes under the area of the sold property and created the purchaser as the party in the suit for harassing to bend to his terms. ( before starting the civil cases partner A filed a criminal case against partner B and the charge sheet is produced in the criminal court for which the proceeding is going on.) 

questions:

1) DOES THE SALE OF PROPERTY WHEN THE O.P AND I.A IS PENDING MAKE IT NULL AND BOGUS?

2) O.P AND I.A FOR THE ATTACHMENT OF THE SAID PROPERTY AND DESOLUTION  AND RENDITION OF ACCOUNTS SUIT  IS STILL PENDING IN THE COURT. CAN PARTNER A INVOLVE ANOTHER COURT FOR ANOTHER SUIT FOR THE SAME PROPERTY "SUIT FOR DECLARATION OF REGESTERED SALE DEED AS ILLEGAL,BOGUS, NULL AND VOID "?

3) HOW CAN THE PROPERTY PURCHASER WHO IS NOT INVOLVED CAN BE MADE TO STAY AWAY FROM THIS HARRASSMENT?

4) PARTNER A IS CREATING MULTIPLE CASES TO HARRESS PARTNER B AND TRYING TO INVOLVE CLOSE ASSOCIATES OF PARTNER B ON THE MERE ALLEGATIONS WITHOUT ANY IOTA OF TRUTH TO BEND TO HIS TERM. HOW CAN WE CONTROL THIS ISSUE?

 

 



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