Rule of lis pendence
sudhirghabasu
(Querist) 02 March 2012
This query is : Resolved
sirs, warm wishes to you all. my clients have 1/4 undivided share in the ancestral property. Our right was denied, hence, we had filed a suit for partition and permanent injunction for not to alienate. i am appearing for the plaintiff. while the suit is pending the defendant had demolished the property without any regard for the court proceedings. Hence, i had file a petition for appointment of advocate commissioner and the commissioner had filed a report after inspecting the Property. subsequently i had filed a application for interim injunction for not to put any further construction in the demolished portion of the property. in the counter filed by the respondent/defendant they had taken a stand that they had obtained a demolition order from the corporation authorities on 23.03.2011. hence rule of lis penndence will not come into operation. I had file the suit on 04.10.2011. Though the demolition order was passed on 23.03.2011 the defendant had demolished the property only on 24.01.2012. i.e. while the suit is pending. the defendant was served with summons before he started the demolition work. Now my query is whether the rule of lis pendence will be applicable to this. Because demolition order was passed on 23.03.2011, but, demolition was done only on 24.01.2012, when the summons were duly served on the defendants. How the rule of lis pendence had to be applied. Now the case is posted on 06.03.2012 for enquiry in the I.A. Pl clear me with relevant citations.
