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naveenraj jain (proprietor)     05 September 2020

Sale agreement during status quo order

Respected Sirs,
my uncle entered into one unregistered sale agreement for property and received advance amount from the purchaser even though there were few cases pending..

1. the purchaser and seller both of them have the knowledge that there is an order of injunction on the property. the purchaser is not a party to the suit.

2. recitals of Sale agreement clearly mentions the case numbers and pendency of such suits.

3. this property actually had total of 8 cases running but 6 of them were decreed. all the cases were advocated by the same lawyer and the sale agreement as well was drafted by the same lawyer..


my query is when the advocate has knowledge of the interim order of injunction how can he assist and draft sale agreement and finally execute it..


Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     05 September 2020

If the court has restrained opposite party tnot to transfer disputed property and maintain the status quo and opposite party violet the court order then it is clear case of contempt of court order. File petition u/ order 39 rule 2 A of CPC against opposite party.

1 Like

naveenraj jain (proprietor)     05 September 2020

thank for the reply.. sir who has to file contempt petition??

ramesh singh   05 September 2020

thank you sir

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