I have filed a suit for permanent injunction along with an application under o.39 r. 1 n 2 for restraining landlord forcefully eviction of tenant from demise premises.
Civil court granted ad interim injunction in favor of my client.
Then Landlord dishonestly filed went to police and adopted procedure of 145 and 146 of Cr.P.C.
Police got attached the property by the order of attachment of SDM.
Civil suit still pending and ad interim order is still effective.
Now in the civil court the application under o.39 r. 1 n 2 is pending for final arguments. Land lord filed an contention that tenant is no more in possession in suit property, thereby the suit become infructuous. So suit along with application under o.39 r. 1 n 2 is liable to be dismissed.
THIS IS MY CASE IN FAVOR OF TENANT.
My Query is::::
1- Property is in custodia legis. Is my suit become infructuous?
2- Would it not infer that my client is in constructive possession of suit land?
3- Can a civil court is not pass an order despite of attachment order of Sub div. Magis. in favor of me to remain in possession until the final decision of main suit.
Please help me!!!!!!!