application under order 39 rule 4 of C.P.C
Neeraj Kaushal
(Querist) 20 May 2010
This query is : Resolved
I am defendant in suit for declaration , honourable court granted stay order regarding , changing the nature and possession of suit land , i want to construct house in the part of suit land , that i have purchased from defendant no.1 i am bonafide purchaser , i have filed application under order 39 rule 4 of C.P.C after stay order for taking permission for constructing house in the part of suit land , whether my application is maintainable , if maintainable , any citation in this respect , kindly help me in this matter.
Kiran Kumar
(Expert) 20 May 2010
in my opinion the said application is maintainable under the said provisions of O.39 R.4 CPC
but the court will have to assess whether allowing such construction will amount to irreparable loss to the plaintiff....you might be bonafide purchaser but there has to be some concrete evidence or change in circumstances which could compel court to vary or change the interim order.
moreover why are you taking risk, even if the said application is allowed and finally the court grants injunction then where will you stand?
