Property sold during pending litigation
Rastogi
(Querist) 26 March 2016
This query is : Resolved
We had filed a suit for Declaration and permanent injunction suit.The suit was decreed in our favour in both Lower court and Lower appellate court. The suit is pending in highcourt.
The defendant sold the property -Some during when the suit was in First appeal and some now when matter is still in highcout.
What is the course of action for us.
Do we need to institute a separate suit again against all the purchaser once we get the judgement in high court?
Since the property is sold to many person since the land was converted as residential plot and sold we don't want include everybody as a party now in the existing suit. We are afraid it might delay the proceedings in Highcourt.
Guest
(Expert) 03 April 2016
Proper method is that people take Temporary Injunction under CPC and then run suit. This is done for avoiding such legal complication. Because loosing party have habit to dispose property or remove investment from it thus creating legal complication. Temporary injunction should be there the matter is not sorted in all appeal etc. This procedure is not done properly and thus as expected losing party have created complication
I will be clear you have not stated type of declaration and permanent injunction for what sought ?
Generally to clear title of Land and specific property whole property dispute is taken together all are made party and issues are taken together and only one suit is made and not multiple . So after this suit whole issue is sorted . This is proper method.
What you feel is wrong , if you don't involve all necessary parties then it has no value and suit after suit is there without conclusion.
So Civil Procedure you are not following proper. I have seen suits where more than 50 people are parties still it has to be done. because they where necessary parties. This suit I never handled so did not no much about it but I have seen.
Regarding Hyderabad Nizam dispute i heard nearly Five hundred to thousand legal heirs of Nizam are party . Sorry not heard about that suit for long time in newspaper so not sure what happened or pending still.
So if you want to solve title issue or make or things straight of specific plot you need to settle this way only as per standard procedure
