Partition suit and unauthorised construction despite status quo order

Querist : Anonymous (Querist) 29 December 2011 This query is : Resolved
Sir,

I am decree holder for the property of my late mother and my sister used to stay on the property by virtue of permissive possession. I filed a suit for partition and got my share in the property. While constructing a house by sister I got status quo order refraining her from further construction and changing the nature of the property. Now she has constructed the house during the pendency of the suit. Now there is a preliminary decree I filed proceedings for final decree and appointment of advocate commission with subsequent possesion of my share in the property.

My sister share is 1/3rd,Is it allowed under the law when there is a partition suit pending in the court and shares have not been declared one of the coparcener construct the building to enroach upon the rights of other coparcener in the partition suit. How will court decide my share in the property. Will I get my share as per the decree or I have to fight life long for my share.

Please advise suitably

Yours faithfully,

MSN

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Devajyoti Barman (Expert) 29 December 2011
Your share is already decreed. Pnly the physical demarcation is left to be done in the final decree.
If at the time of drawing up final decree on the basis of advocate's report it ois found that share is encroached by the sister then she will have to make good the loss.
Moreover you can initiate proceeding under 39 rule 2a of cpc for violating the order of injunction.

prabhakar singh (Expert) 29 December 2011
You can seek demolition of construction made by your sister despite injunction order passed against her under section 151 of C.P.C. as well as you can proceed against her for disobedience proceeding u/o39 as told.Moreover if the construction falls in your lot of share she shall not get any compensatory benefit of cost.