Suite Pending with HC - Conditional Sale Deed

Guest (Querist) 27 October 2010 This query is : Resolved
Hi,
We have been fighting for an ancestral property for about 25 years now. We lost the case in lower court hence the we filed the case in the high

court.However, my opposition party has made a conditional sale of this unsettled property along with other litigators. I have the following questions in this

case:

1) A case that is pending with the High Court if sold per a conditional sale-deed to a third party be deemed as a Contempt Of Court and both the parties(our

opposition & third party) be liable for a criminal prosecution ?

2) The purchase has been done in the same of some benaami persons? Can these persons be legally prosecuted.

3)Can a Registrar of the Taluk Office be made sued for making a conditional sale deed of such property which is due for a verdict from the high court.

4)Can such property be brought to the prohibited list of the Taluk Office inorder to get the property secured against further benaami registrations

5)There is mention of the clause in their conditional sale deed that if our opposition party looses the case, then our opposition will not be liable to repay the sale-deed proceeds. Does this have any impact if we do not proceed criminally.

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Devajyoti Barman (Expert) 27 October 2010
The reply to all of your queries is in negative. The sale during the pendency of the case is not contempt. Only the rule of lis pendence applies which means hat the purchaser would be bound by the decree of the court.

Kirti Kar Tripathi (Expert) 28 October 2010
I agree with Burnan. The sale shall be subject to final decree of the Court.

adv. rajeev ( rajoo ) (Expert) 28 October 2010
If there is any interrium order by the high court as not to alienate then it amounts contempt of court.
Which case you have filed?
It it is partition suit the property sold by the opposite party will be adjusted to his share.

Guest (Querist) 28 October 2010
Hi All,

Thank you all for your valuable advise.

I heard that if such a case which is pending for a verdict in HC is being transacted(multiple conditional sale deed) for more than 3 times the hold on the case for favouring party weakens. I mean if more than one Conditional Sale Deeds are executed on the same pending case does the base of case gets rattled and may go against the favouring party. Please let me know incase if I am unclear in my verbiage.
I am pretty poor at this language.

Devajyoti Barman (Expert) 28 October 2010
What is the basis of this query? Your query is already replied.

s.subramanian (Expert) 29 October 2010
I agree.

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