Interim injunction on sale of built up properties rejected
Atish
(Querist) 28 February 2014
This query is : Resolved
Dear Respected All,
Plaintiff had filed a case in the year 2009 in the District Court against few built up properties which were transferred by the Defendants from the Plaintiff’s name to a third party who is a very close blood relation Family member, vide a registered Power of Attorney. In the suit filed the Plaintiff had asked for an interim injunction which was denied by the Hon’ble Judge at the end of 2009. The case is still pending at the mid way of the cross stage of the Plaintiff.
“The order on the interim injunction application states that before granting any injunction, it is necessary to hear the Defendants. Hence issue show cause notice to Defendants should not be granted.”
The case may take quite some time. So is it a possibility that the Defendants could legally in the mean while be able to dispose off any one or all the properties for necessary genuine reasons or want of funds as they are all registered transfers and are also transferred in the past vide a registered Power of Attorney and that too without the knowledge of the Hon’ble Court.
Also that more than 3 years have passed since the order, is it still applicable as per time limit to reapply for interim injunction. What are the possibilities of the Defendants disposing off the property and would that stand legal as there is no interim injunction order since end of 2009 and no fresh application has been made. Plaintiff’s cross stage is still on and it may take a couple of months.
Will be obliged. Thanks.
Regards
Atish
ajay sethi
(Expert) 28 February 2014
it appears plaintiff has given power of attorney to defendant . on basis of said registered POA defendant has transferred property to third party .
plaintiff filed suit for injunction but no interim reliefs have been granted .
you apprehend that defendant may dispose of those parties . if properties have been transferred have you made the third parties necessary party to the suit . ?
you can request the court to direct parties to maintain staus quo pending hearing and final disposal of the suit
Rajendra K Goyal
(Expert) 01 March 2014
Agree with the advise of the expert ajay sethi ji. If the property has been transferred by the defendants in the name of third party, make them also party in the case. Also prey the court to direct the defendants to maintain status quo.
T. Kalaiselvan, Advocate
(Expert) 02 March 2014
I agree with the opinion of experts above, if you apprehend that the defendant may alienate the property or afraid that he will try to create a sham transfer, you may in an application once again apply for injunction in which you can make an alternative prayer for instructing the defendant to maintain status quo of the property.
Atish
(Querist) 04 March 2014
Dear All,
Thanks with all my heart for your advise. The Hon'ble Court as per your suggestion has not accepted granting status quo as it says that as mentioned in the order earlier that the temporary injunction has not been granted till the defendants are heard.
In the meanwhile I have heard that the Defendants have sold off and transferred the rights of one of the properties and may plan to do so another.
Any action could be taken on the sold property or avoid for further property transfers. Court is not agreeing for status quo.
Regards
krishna mohan
(Expert) 04 March 2014
Have your counsel informed the Hon'ble Court with evidence about sale transaction of one of the properties as cited above. If not you may get copy of registered document for the above transaction and through your counsel file before the court for early relief including prayer for quashing the wrong transaction by including the other party also as one of the respondents to the dispute.
