Appeal would be dismissed after hearing arguments of both parties
2) you are bonafide purchaser of value have paid consideration for purchase of flat
Appeal to higher court
Sir, i purchased house in 2015 from a person"X",one of his friend filed a lawsuit saying that he gave 2 lakh rupees to "X' on promissory note in 2013 but without returning money to him X sold the property,so he filed a lawsuit as both parties colluded to evade his money.. but i defended and the ip was dismissed 2 months back. but now again that person appealed for higher court and injection order also. sir what could be the result do they get injection order in this case,and do they win in higher court? point: i am a bonafide purchaser of the house declared by the sub court judge in his 5 page judgement after all the witness examined by him for three years. sir are there any grounds to go for appeal and injection order? what would happen now? thank u krishna
Asked 5 years ago in Property Law
Religion: Hindu
10 Answers
The grant of injunction depends up on proof evidence grounds, even if your opponent get injunction you can vacate the order,normally court cannot grant injunction order easily.
1. The said person had prayed for injunction order for what action of yours? Is it form not selling the said property?
2. The property was purchased by you when there was no stay order on Mr.X for selling the said property which makes your sale deed absolutely valid.
3. So, the said friend of Mr.X has no legal leg to stand in getting favourable order from the appellate court.
I do not think that they have a strong case.
You appear before the court and file your objection.
Share the entire set of documents in order to get a concrete advise.
However, prima facie the case is not strong.
Regards
against the Lower court order the aggrieved party may approach High Court As you are made party in the High Court so you have to appear there but the situation of being a Bona FIDE purchaser High Court may reject this appeal
If lower has given decision in your favour then no need to worry much.
But about ground of appeal i will need to read full case documents only then it can be told.
Whats writtern on promissory note , money given for purchase of house ?
Well finding of lower court will consider in appeal by court. You can file revision again interim order.
And ur bonafied if proved. Your title in the property will survive.
Dear sir,
You can file separate case against him and get stay order from High court before he get injunction order. You have sufficient ground for stay order as you are a bonafide purchaser the house.
Injunction from the appellate court means that you are temporarily restrained from alienating the proeprty in any manner, it will not mean that the opposite party has won the case in appeal. You file a petition under Order 39 Rule 4 to vacate the injunction order.
After that object to the appeal on the basis of the favorable judgment got in the trial court and fight it out strongly in the appellate court.
the property sold to you was not subject matter of the loan nor was it given as security to that friend for due repayment of loan
trial court has adjudged you as a bonafide purchaser for value without notice
so appeal may not be allowed
however do resist the injunction application
