Respected Learned Lawyers,
Two different suits filed in two different courts which are in the same District Court complex. The first one was filed by a fraudulent lady in an attempt to grab the property before the Additional Sub Court with some fake documents seeking partition of the property on which she has no right / title / relationship, ignoring the genuine litigants who are in possession and occupation of the property. Knowing about the suit, the genuine legal heirs impleaded themselves in the suit.
As the fraudulent petitioner did not come forward to give counter reply to the IA filed with the request to implead, the genuine legal heirs filed a separate suit before the Principal District Munsif Court seeking permanent injunction against the fraudulent persons who created fraudulent encumbrances like Gift Deed, Sale Agreement, Sale Deed etc. on the property, the fraudulent lady who filed the partition suit in the sub court is one among the respondent. The suit was not contested by any of the respondents and the court gave an ex-parte judgment / decree in favour of the plaintiffs awarding permanent injunction to the respondents restrining them from the peaceful possession & occupation by the genuine legal heirs and a mandatory injunction cancelling all the fraudulent encumbrances,
Two years later, the partition suit filed by the fraudulent lady got dismissed by the court with the remark saying that she had filed the suit without having any right on the property. The fraudulent lady filed appeal in the District Court against the judgement and dragging the appeal suit for than three years filing frivolous & vexatious IA after IA. One among the IA is seeking stay order from alienating the property. While the IA is pending for more than three years, she had filed a Writ Petition in the High Court seeking Interim Order fromregistering any transaction on the property.
- Now my doubt is whether a person who had been granted Permanent injunction can file a stay order in the District Court ?
- When the IA seeking Stay Order is pending in the District Court, can she file a Writ Petition seeking Interim Order from alienating the property ?
Request learned lawyers to clarify and provide me suitable citations if there is any.
Thanks & Regards
Balaji
