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Vikas Saxena   15 February 2023

Suit becoming infructuous

Plaintiffs filed a suit for Injunction against defendants and later during subsistence of ad interim injunction, sold the suit property, whether the suit becomes infructuous due to loss of Cause of Action for bringing the suit?


 2 Replies

Dr J C Vashista (Advocate)     16 February 2023

Injuction granted by competent court is applicable on both parties to the suit, sale during pendency of the suit is invalid, if prior permission of the Court is not obtained.


Since the Suit is under process, You cannot sell the property. You need the leave of the Court to sell the property.

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