Sealing of property till case in court
rohit
(Querist) 06 February 2012
This query is : Resolved
Dear Sir,
If any two parties i.e. X anf Y having dispute over some property and property is locked since case of ownership is in court.
If "X" is trying to trespass the disputed property and trying to take illegal possession. What "Z" will do now in court to stop illegal possession?
Is there any provision in law that "Z" can move a request to the court to seal the said disputed property till case is in process?
What action can be done against "X" if there is a proof of illegal trespassing by "X"
R.Ramachandran
(Expert) 06 February 2012
If X and Y are parties to the dispute before the Court, what is the locus standi of Z here?
In what way Z is concerned?
Devajyoti Barman
(Expert) 06 February 2012
It appears that Z is typographical mistake and the author may have meant X.
The Y without wasting any time should file a petition for injunction in the court restraining X from taking possession of suit property.
If any such interim order is already in effect then X could move court u/s 151 CPC for Police help to implement the order.
Adv.R.P.Chugh
(Expert) 06 February 2012
Concurring with what learned friends have said above.....Interim Injunction can be sought in cases like these to protect the subject matter of the dispute i.e the house. If an injunction is already operational - then the erring party can be sent behind the bars u/o 39 R 2A of the CPC for 3 months and his property can also be attached.
In extreme cases the court may also like to appoint a reciever in such cases, where the court desires that property should not be with either party - reciever as officer of hte court would deal with the property as the owner on a fixed remuneration.
M/s. Y-not legal services
(Expert) 07 February 2012
barman sir, i have a doubt., is police protection available while litigation is pending?
i think it avail for execution proceedings only.. isn't it?
-tom-
