Will and Partition

Querist : Anonymous (Querist) 02 November 2009 This query is : Resolved

If the property in question is in dispute of partition with intestate will and partition suit is still active in High Court . Can either party construct house without the knowledge of other party or the concern Court when either one of them staying far off from the place of dispute. What will be the result on both the parties. In this condition what verdict will court offer. Can justice be done. When one party is already obtained stay order as well as status quo in the court.

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Raj Kumar Makkad (Expert) 02 November 2009
In such case wherein stay order has been violated by respondent/defendant, the best course is to initiate against him contemot of court proceedings under order 39 rule 2 A and also execution petition of the stay order should be separately filed. Definitely disobeying party shall have to face the wrath of the court.

adv. rajeev ( rajoo ) (Expert) 09 November 2009
in case of violation of stay order of the court there is a provision in the the CPC u/o 39 r2 A to file an application to take necessary action against the person who have violated the court order.

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