Application under order 21 rule 11 when appealed the same
Yashpal Singh
(Querist) 03 February 2016
This query is : Resolved
Sir,
1. The lower court passed a Decree of Rajeenama in a case of Specific Performance (2005) in a land purchase between Seller 'A' and Purchaser 'B' in an un-partitioned agriculture with other Khatedar 'C' & 'D' in 2015.
2. The 'C' had already obtained Status Quo in his application in 2010, thus filed a case of Court of Contempt for the decree of specific portion of land in an un-partitioned land; whereas there was no Stay on the Execution of the Civil Proceedings by the lower court.
3. In parallel to this a partition suit is also pending in SDO Court since 2005; brought by 'C' in assistance to 'A' to cancel the sell made by 'A' in favor of B in 2004.
4. After the Decree 'A' instead of putting Application of permission to make sell registration in favor of 'B'; indulged in the other preparation with his well wisher 'C'.
5. The 'C' has later file 'Civil Leave to Appeal' to appeal against the Decree passed in favor of B by ADJ Civil Court. 'C' has been working for A to challenge the decree to that 'A' could sell his land in question to other parties at present rates.
6. The 'Civil Leave to Appeal' is pending in the hearing in HC; most probably would be dismissed/rejected on the ground that the land has already been partitioned and 'C' has no right in the property of 'B' nor he is a co-tenant.
My Question:-
7. Can 'B' put an application in the Decree passing Court under Order 21 rule 11 when the Leave to Appeal is pending to get allowed or not and also there is one more application of Court of Contempt (2015)...?
Because the Seller 'A' has already verbally agreed to sell the land in question after the decree might be quashed through the Appeal & WCP made by 'C'. 'A' have also taken some advance amount from other purchasers & are waiting to get the Land after the Decree.
Please suggest with appropriate solution.
P. Venu
(Expert) 03 February 2016
Why A, B, C. D ..... Please post your real issue.
Yashpal Singh
(Querist) 03 February 2016
Dear Sir,
The real story is as below.
There is a Land of 64 Bigha being Partitioned on the site by fencing but have joint khatedari between khatedar A, C, D & E having 1/4 share of land, cannot be defined as co-tenant due to partition of land by fencing and separate cultivation.
'B' is a new 10 Bigha Land Purchaser from 'A'.
'B' obtained sell Agreement, Power of Attorney & Will in 2004 instead of Sell Deed Registration.
After few months land value increased and the Seller 'A' took the background support of 'C' and filed the partition suit; in reference of which 'A' sent registered notice to 'B' to cancel the Power of Attorney instead obtaining full payment & handed over the possession; saying that he cannot sell land before proper partition between the khatedar.
'B' fought Specific Performance on the basis of Sale Agreement, that was later impound for insufficient Stamping & Penalty - when the complete payment has been made with handling possession to 'B' considering a complete Sale - this step has been completed in 2015. 'B' is with his possession with ADJ Decree.
Soon After, due to minimize the long dispute burden & future appeals 'B' (we) brought a compromise in the court by the seller to make sell registration of 6 Bigha instead of 10 Bigha.
The Seller, instead of preparing for taking permission of Sell Registration in favor of 'B' from the High Court in Status Que; again took background help from 'C' to file Court of Contempt for Decree of Specific Land during the pending of partition suit in SDO Court and also filed the Leave to Appeal to challenge the Decree passed by the ADJ.
So, that upon being allowed he could able to sell the complete 10 Bigha land including the Decreed one.
The hearing of "Leave to Appeal" & Reply in Court of Contempt from 'B' is pending.
This is Real Story.
