1. File a contempt petition for violating the order of injunction. Make the lessee a party to the suit as well. There is no need to file a separate suit to cancel the lease. Once the initial sale is set aside all subsequent transfer including the lease will fall apience.

2.You cna give POA to your close relative in India so he in your absence can represent you in court. Moreover he cana lso keep a close watch on the case to keep your updated .

3. If there is inordinate delay in trial of the suit you can apply beofre the high court for expeditious disposal of the suit.

1) take out contempt of court proceedings against purchaser for having executed lease deed

2)you can amend your petition and seek court order to set aside lease deed executed by purchaser

Dear Client,

Best fast remedy is to file contempt.

Here, ur father act is under clouds, under what capacity he mortgaged the property, If he disclaim, inherited from her mother and not disclosed WILL, he may book for cheating ?

a) Can i ask court to cancel the lease deed that he had executed when there was injection pending? If so whats the best way to present my case to court? -- No need to file for cancellation of lease deed, Filling contempt is best way out.

b) Looks to me that bank and the purchaser have colluded extremely in this context and want to present the court and what actions can we ask for to take against them. -- There`s already an injunction prevailed, which is enough and its violated by opposite party.

c) Any thing interesting that i can ask the court ? -- Which year u acquire majority ? without courts permission, property of minor cannot be mortgage.

At present u r advised to file contempt, rest can be advised on perusal of court records.

1. Since the bank had created a bad mortgage, the sale of the said mortgaged property was illegal.So, all the subsequent deeds executed thereafter are illegal. You should present before the Court that your father had no right to mortgage the property which was registered in your favour (probably a gift deed not clarified by you wherein your father only had living right).

2. The Court will consider it tat your father, being in league with the Bank officials, had defrauded the Bank by mortgaging the property which does not belong to him against the loan availed by him. In case you win the case and get your property back, the bank might lodge a police complaint against your father or defrauding it.

3. Since you were not aware of the fact that your property has been illegally mortgaged and sold by the Bank, you can file a Writ Petition before the High Court (if it is a PSU Bank), praying for a direction upon the Bank to return the property documents (deed) to you duly cancelling the said illegal sale made by the Bank by returning the sale proceeds with interest.

4.Since your father has first illegally mortgaged the property, the High Court (or any other Court for that matter) might cast a doubt on your bonafide since this type of cases regularly appear before the DRT and/or High courts for which you shall have to take adequate guard while placing your arguments.

hi, it is advisable to obtain a stay order for the above transactions by filing a writ directly in supreme court, instead of initiating multiple litigations in lower court

1. When there is an injunction against the respondents restraining them from alienating or encumbering the property in any manner, the act of the respondent is nothing but disobeying the court order which can be termed as contempt of court.

You can file a contempt of court application against the respondent immediately and also an application requesting court to direct the registrar to cancel the said registered lease deed and to make a note against the property in the register to not to allow any further encumbrance on this property.

2. The bank's involvement cannot be ruled out but you cannot prove that since the other property has directly engaged in the said act..

Hence first you take action against the respondent for contempt of the court order.

3. You can discuss with your advocate about it, because it is your advocate who will be representing you in the court and not you.