Sirji/ Madam
- Ramesh filed RCS and Defendants No.1 and 2 both filed W.S. and admitted therein that Deft. No.1 is the owner of the suit Flat
- Status Quo Order was passed on 25-05-2005 against Defendants No.1 and 2 (Deft No.1 is Owner of Flat and Deft No.2 is the Secretary of Society respectively)
- Status Quo Order was regularly extended till 2011 and ultimately the Exhibit 05 was allowed in favour of Ramesh directing the Defendants No.1 and 2 to Not to interfear in peacefull possesion of suit Flat with Ramesh (Plaintiff). It is uncallanged and in force till today.
- Suit Flat was sold after 25-05-2005
- Hence Ramesh filed Application Under Order 39 Rule 2A of CPC against Defendants No.1 and 2 both
- Defendant No.1 alone filed SAY therein stating therein that actually his Father was Owner of the suit Flat and hence His Father sold the suit Flat.
- And the Application under order 39 Rule 2 A was rejected
- Ramesh filed Appeal
- The Appeal was allowed
- Appeal was allowed in favour of Ramesh and District Court held that the admission in Original RCS is binding on parties (Defendant No.1 and 2 both) in the offshoots, too
- District Court remanded back the Application U/O. 39 Rule 2A to the Trial Court which may take further 10-12 months
Sirji/Madamji
Ramesh immediately wants his Flat in his possession
What to do ?
Guide
HARIOM