Need stay order on sale deed of disputed land
Dr. P. K. Pranav
(Querist) 05 July 2013
This query is : Resolved
Dear Experts
I have some disputed land on which a title suit is pending in the court. The other party want to sale the disputed land. Can I appeal in the sane suit to get the stay order for any kind of sale-deed till the final decision?
Raj Kumar Makkad
(Expert) 05 July 2013
You need to obtain stay order in the same suit by moving an application under order 39 rule 1 & 2 read with section 151 of CPC in the changed circumstances.
prabhakar singh
(Expert) 05 July 2013
Rightly opined.I have no other opinion than one advised by Mr.Makkad.
Raj Kumar Makkad
(Expert) 05 July 2013
Thanks a lot Ld. Prabhakar sir for endorsing my advice.
R.K Nanda
(Expert) 05 July 2013
yes, u can get stay order in same suit by
fling application for it .
Dr. P. K. Pranav
(Querist) 05 July 2013
Dear Mr. Makkad
Thank You for your reply and advice.
Can i get the copy of "order 39 rule 1 & 2" so that i can go through it?
R.K Nanda
(Expert) 05 July 2013
contact ur lawyer for it.
Rajendra K Goyal
(Expert) 05 July 2013
ORDER XXXIX-TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
Temporary injunctions
1 . Cases in which temporary injunction may be granted— Where in any suit it is proved by affidavit or otherwise—
(a)that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in a execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to [385][defrauding] his creditors,
[386] [(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]
the Court may be order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property [387][or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
2 . Injunction to restrain repetition or continuance of breach— (1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.
(2) The Court may be order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit.
Raj Kumar Makkad
(Expert) 05 July 2013
Thanks for your appreciation and the copy has already been provided to you by Rajender G though this is required only to your lawyer.
