For filing suit for stay
ss
(Querist) 12 December 2009
This query is : Resolved
In a property case the court granted permanent injunction for one of the floor in favour of the plaintiff. In a sudden development the defendants are trying to dispose off the property to builder secretly i.e. two floors which are under their occupation. Please advise me what sort of action is required for obtaining stay on the entire property. Thanks
joyce
(Expert) 12 December 2009
All ready the court granted the permanent injun. is ur case pending or final order of permanent injun granted? usually temporory injun will be granted when case is pending, so whats in ur case? pending or disposed off , in case pending then file an interium application in the same case stating the contempt of court order by the defendants. no seperate case filing necesary. if disposed off, file a new case u/sec 39 rule 1 & 2 to seek injun, list of document u produce the cerified copy of permanent injun ordr as a supportive evidence.
Devajyoti Barman
(Expert) 12 December 2009
If it is the order of interim injunction then you can file a petition before the same court u/o 39 r2A of CPC for violating the order passed by the ld.court
adv. rajeev ( rajoo )
(Expert) 13 December 2009
I agree with joyce. You have said that one of the floors you have got TI, but wahts about the floors now the defendents are selling whether they are the suit property or not it is not clear. If they are not the suit property then include as suit property and file an application u/o 39 r 1 & 2.
You also publish the notice in the local news paper mentioning the suit Number that already injunction is granted against the defendants (names) so no body purchase the suit properties( CTS/no. of the properties, if any body purchased the suit propeties such sales are not binding on the us ( plaintiff)
Raj Kumar Makkad
(Expert) 13 December 2009
Quariest has already told that permanent injunction has already been granted in his favour so case might have been disposed off. You should now file again a fresh case and seek stay order as you had done earlier.
