Remdies under order 39 rule 2a
dr vamshi
(Querist) 08 September 2012
This query is : Resolved
we filed a bare injunction suit to protect ancestral properties ,from alienation against co parceners. there was no prior partiotion of these properties.the court ordered status quo.there were 4 defendants.the defendant no 1 remained exparte and thenotices were held insufficient to def 2,3,4.the court ordered status quo,till def 2,3,4 appeared.
in the mean while,a suit property which was in the name of def2,3,4 in the revenue records was purchased by defendant1 , in his wife's name and the same day he sold it to third party.now we are planning to move the contempt application under order 39 rule 2a. my query is
(a)can we make the wife of def 1 also a party to this along with defno1 and def 2,3,4.and can we also make contempt application on the purchaser(third party), if so citations related to these
(b)can we cancel the sale deeds and restore the properties to previous state ,in the same application(supporting citations pls)
(c)the defendants now are planning to alienate other suit properties also, what is the other alternative step to protect them from not alienating
pls remember, that we are not in a position togo in for partition at this juncture
J K Agrawal
(Expert) 09 September 2012
a. yes you should make them parties in contempt petition.
b. Transfer during suit are transfer pendente lite and these are automatically of no value. you only to do is to well inform all the purchasers and parties that litigation is pending. Right now you are not to go in cancellation proceedings as it involves a huge court fee.
c. Publish the facts in papers, inform by notice to sellers and probable purchasers, Inform to registrar, hold the possession over property tight.
dr vamshi
(Querist) 10 September 2012
iam from karnataka, my lawyer says, to include wife of defendant and third party, who are presently not parties to the suit, we would need citations relevant from karnataka high court or supreme court.,can you pls suggest any citations from kar high court or supreme court or if it is not the case, any relevant citations from other high courts.
(B)as j.k agarwal sir suggested, cani also send a notice to the purchaser of the alienated suit property.
