court order

Querist : Anonymous (Querist) 20 February 2010 This query is : Resolved
my grandfather died without will. My uncle was trying to sell the property of my grandfather without giving the share of my father. so father took an injucntion order. this happened 13 years ago and now both my uncle and father are no more. now legal heirs of both have decided to sell the property and take the share equally as per the law of succession. the lawyer of the buyer [who is ready to purchase the property]is asking about the status of injunction order. we dont know about it. how to cancel it? or solution to the problem.

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Kiran Kumar (Expert) 20 February 2010
u find out some papers available in this context or approach the lawyers ur father and uncle used to visit.

Raj Kumar Makkad (Expert) 20 February 2010
No injunction suit lies till such a long period and definitely it would have been closed. There may be comment in the revenue record of injunction suit. If it is available then copy this link and obtain last order of the case and if not available then try to contact court record wherein in each court the relevant record is properly preserved. Incur some time and energy and get results.

Y V Vishweshwar Rao (Expert) 21 February 2010
I agree with Lrd Friends

Both parties(legla heirs) to the suit are selling the Property on which there was suit for injunction . The Injunction suit appears to be not pending . If Suit Number is availabel get a Copy of the Judgment & Decree to know the final result of the suit .

Parveen Kr. Aggarwal (Expert) 21 February 2010
Generally civil suits do not remain pending for such a long period especially when none of the parties is interested therein. Otherwise also it was a suit for injunction seeking restraint order against sale of property in excess of share and as such, its decision either way has no effect on the legal rights of the parties.

You may come to know about the status of the case or injunction in any of the following manners:

1. If you know the counsel representing your father, you may contact him and get information from his office.

2. Information can be obtained from the counsel representing your uncle.

3. If any paper pertaining to the suit is available either in your house or in the house of your uncle, it can facilitate knowing particulars of the suit.

4. If the date of institution (or any approximate date) of the suit can be ascertained, then institution register of the court at your place may be inspected to get particulars of the suit (date of decision etc.) and thereafter file can be inspected in the record rooms.

Sarvesh Kumar Sharma Advocate (Expert) 22 February 2010
order 23 rule 3

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