How to get injunction order
Roopa
(Querist) 02 April 2012
This query is : Resolved
I have a flat in bangalore, which builder is not letting me register. i want to get injunction for it so that no other party can register it as there are single flats which has been booked by several people with builders instance.
1. I want to know how to get injunction?
2. what kind of injunction will be required in this case?
3. will the builder come to know that i have got injunction? as he may retaliate with some bad means.
Regards,
Roopa
V R SHROFF
(Expert) 02 April 2012
YES, YOU CAN GET INJUNCTION ORDER.
Builder being necessary Party, will be called by Court for any Objection or Say. So he will come to know abt it.
Court can order him, not to deal with any third party.& direct builder to register the deal
Ur Advocate will explain you more details
ajay sethi
(Expert) 02 April 2012
have you paid full amount to builder? was agreement executed in your favour?
have you take loan on said flat?
isue legal notice to builder to complete registration process as full payment ahs been made .
if you file a suit you have to serve copy to builder . without issue of notce to builder no ad inteim reliefs will be granted
Raj Kumar Makkad
(Expert) 02 April 2012
As you have only made booking and no specific flat has been issued to you like other persons so you are not entitled to get any stay order.
SAINATH DEVALLA
(Expert) 02 April 2012
Dear Roopaji,
At the outset I would like to know if you have paid any advance money to the builder.If so,has he given any acknowledgement.You can get an injunction order under section 151 cpc.Injunction means restraining the other party from proceeding further in the said transaction.It is only interim relief.How can the builder be ignorant to the order?The thing is you should do it in secrecy.
Roopa
(Querist) 03 April 2012
I have been paying emi from last few years, and had paid maintainance deposit against that flat. its on 20yrs loan. recent EC has revealed that its not been registered, but their is some other party interested in the flat too.
Roopa
(Querist) 03 April 2012
started paying emi when we were out of country and were unaware of project status, and thought that bank might take the flat if we delay emi payment.
