Interim Stay Order during pendancy of CRP
Balaji Bakthavathsal
(Querist) 16 June 2011
This query is : Resolved
A civil suit was filed in the lower court over a property dispute. The respondent objected to the suit and sought dismissal of the suit quoting the previous suits filed by the predecessors of the petitioners and the order issued by the lower court in his favour in the previous suit. But, in the current suit, the court observed that while the previous suits claimed ownership of the property, the current suit sought the legal rights on the property and refused to dismiss the dismissal plea by the respondent. The respondent immediately filed a CRP in the High Court of Madras and the case is dragging for more than 2 years. The respondents sold the property to several persons splitting it into plots and the petitioners want their rights to restored on the property despite.
The dispute is that a piece of land which was declared to be used as common burial ground of the dead family members was sold by the foster son of the widow of the original owner who was childless. While it had been agreed upon during partition that the property should be exclusively used for burying the dead family members and the partition deed duly registered in the Sub-Registrar’s office, ignoring the condition stipulated in the partition deed and selling the burial ground as residential plots should be made as null and void and the status quo should be maintained is our contention. Having acquired the property as the foster son through the will of the widow of the original owner, I am the owner and I can do whatever I want is the contention of the respondent. He already obtained an approval from the local DTCP for residential layout by suppressing the actual facts and converted the burial land into residential plots and sold the same to several people numbering than 40 people.
Now, the question is, can I seek interim orders from the High Court Chennai, to continue the burial as our rights are denied when the original suit filed in thelower court is held up due to the CRP pending in the High Court ?
If yes, can you please quote me the rule or authority under which I can approach the High Court ?
Kiran Kumar
(Expert) 16 June 2011
do you really think some judgment is required for this purpose.
the property is being sold during the pendency of lis, it is simply going to introduce multiplicity of litigation.
just file an application for further alienation and for status quo as well....such applications are generally decided keeping in view the facts and circumstances of the case the equity.
