Can sub-register be informed regarding the civil case?
SHIESTA007
(Querist) 28 September 2012
This query is : Resolved
Dear Team,
The plaintiff has filed a suit for declaration and during the pending of the suit the Defendant no - 4 sold the suit property to Defendant no -5 . The Plaintiff had filed an injunction order against him but the application filed by the plaintiff got dismissed. Then the Plaintiff filed an appeal in district court and it also got dismissed. During the pending of the suit the Defendant no -5 high handedly constructed a building in the suit property.
Then the Plaintiff filed a writ petition and got directions from the high court that the defendants should not go with the further construction and should stop immediately and there was a time bound from the high court to dispose of the matter.
Now, when the defendant no -5 , has come to know that he cannot succeed in the case is making attempt to sale the suit property to another person .
The stage of the case at present is for defendants evidence. And the defendants are not willing to step the witness box.
Can the plaintiff in this case give in writing to the sub-register about the suit pendency and ask him not to register any such transactions that comes regarding the suit property?
I thank the team in advance whoever replies.
R.K Nanda
(Expert) 28 September 2012
it is better to inform SR.
SHIESTA007
(Querist) 28 September 2012
sir,
Can you tell me what is SR
SHIESTA007
(Querist) 28 September 2012
sir,
can you tell me who is SR
Rajeev Kumar
(Expert) 28 September 2012
SR means sub registar.
Rajeev Kumar
(Expert) 28 September 2012
Yes with the certified copy of the order of writ. The plaintiff should inform the sub registar with an application.
V R SHROFF
(Expert) 28 September 2012
better to inform.
Why Injunction:: STAY ORDER not obntn from Court.
R.K Nanda
(Expert) 29 September 2012
SR means SUB-REGISTRAR.
prabhakar singh
(Expert) 29 September 2012
INFORMATION CAN BE GIVEN.
BUT SINCE THERE IS NO INJUNCTION ORDER BY COURT IT MAY NOT BE OF MUCH USE.
BUT APPLY A FRESH FOR INJUNCTION IN CHANGED CIRCUMSTANCES.
Raj Kumar Makkad
(Expert) 30 September 2012
Information to the sub-registrar is not sufficient. You should also try to obtain a stay order against the defendant no. 5 against his efforts to further disposs off the property.
