On reading the two orders given here as under, of High Court and based on the statements: "There will be an interim stay of passing of final decree alone, All other proceedings may go on." "Interim Stay already granted is made Absolute.", What is the meaning of the above two statements And Can I go for sale of the property that belongs to my possession with valid documents.
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Interim stay is granted and making stay absolute the state shall be till the disposal of the petition and petition shall be taken for final hearing. This only mean that the interim stay is made absolute till disposal of the petition.
No you cannot sale the the property.
1) it means case trail can go on but no final decree would be passed by the trial court
2) there is no bar for sale of property
Hi
1) The High Court had initially granted Interim Stay in passing of final decree and probably because of non filing of counter/non appearance of other side lawyer, the interim stay has been made absolute till the disposal of the case by the High Court.
2) In your case, the high court has granted stay in all of the proceedings in lower court till the disposal of appeal pending in High Court.
3) So technically the litigation proceedings are stayed till the high court decides the appeal on merits.
4)Doctrine of Lis Pendens will prohibit parties(including yourself) to litigation from selling the suit scheduled property. The principle embodying the said doctrine is that the subject matter of a suit should not be transferred to a third party during the pendency of the suit. In case of transfer of such immovable property, the transferee(new buyer) becomes bound by the result of the suit.
5) Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882 (the “Act”). The Section essentially prohibits alienation of immovable property when a dispute relating to the same is pending in a competent court of law.
Hope this information is useful.
1. What was the stay order prayed for?
2. Was it against your dealing with the property till the case is disposed of?
3. If yes, then you can not sell the said injuncted property.
HIGH COURT OF.JUDICATURE AT HYDERABAD On [deleted] , lA No. I OF 2018 IN AS NO: 1565 OF 2018 Between: Two S/o. late K. Veeramalla Goud (Appellants in AS. No. 1565 of 2018 on the file of High Court) AND Two married D/o. Late K. Veeramalla Goud, and W/o. Late K. Veeramalla Goud, (Respondent No. 3 is not necessary party to the petition) ... Respondents/Respondents (Respondents in-do-) Counsel for the Petitioners: SIRI MUDDU VIJAI Counsel for the Respondents No.l & 2 Petition under Section 151 of CPC, praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to suspend the operation of the judgment and decree dated [deleted] passed in OS. No. 176 of 2012 on the file of the Special Judge for Trial of Offences under that: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 curn V Additional District & Sessions Judge, Medak, at Sangareddy, pending disposal ol AS No. 1565 of 2018, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be compiled with, made thc following order.(The receipt of this order will be deemed to be the receipt of notice in the case). ORDER: "Notice to the respondents. Post after four weeks. Personal notice is permitted, There will be an interim stay of passing of final decree alone, All other proceedings may go on." And Second Order on [deleted] The petition coming on for hearing, upon perusing the Petition and affidavit filed herein, and order of High Court dated [deleted] made herein and upon hearing the arguments of Sri Muddu Vijai, Advocate for the Petitioners, the Court made the following. ORDER:Notice served on respondent No.1 Respondent No.2 refused to receive notice. Therefore, service is deemed to be completed. Interim stay, already granted on 19-09-20l8, is made absolute.
Yes this Order mean that the stay would be active till disposal of the petition, but this doesn't give you liberty to sale,as only stay is made absolute the main prayer is yet to be decided. The previous stay granted was upto next date only now the matter shall be taken up for final hearing that is ex parte since one party refused notice and the stay shall operate.
1. The operation of the judgement and decree passed by the lower Court has now been stayed.
2. If the matter is related to the ownership of a property, then it should not be sold without the leave of the Court when the cae is pending before the Court.
There is no bar for sale of property
you are at liberty to sell your property
The order means that the order of the special court is stayed.
regards
What was the order of the special judge against which the stay has been granted. In any view of the matter of you sell the property then the same will be subject to the outcome of the writ petition and the new seller will have to fight the case and will step into your shoes.
regards
Thanks for all the learned Advocates. Please advise even after knowing that the said property's status some 3rd Party is willing to come to purchase it can i get indeminity from his future letigation by getting him signed up on Indeminty bond or on the copies of the order, as I am old, and in compulsive need money for my treatment and other expenses. And for that reason 3rd party is paying me very less than market price.
1. The prioperty is under litigation and the order passed by the lower Court has been istayed.
2. You shall be held responsible for ilelgally selling the said property and the indemnity of the buyer will not allow you to escap legal action against you.
in sale deed details of pending pending litigation should be disclosed so that tomorrow he cannot complain that you have suppressed material facts and sold property to you
If the party is ready to purchase and no stay has been given with regards to transfer of property then you may sell the same.
Regards
The court has passed an order to stay the proceedings on final decree and the same has been made absolute which will remain in force till the disposal of the main suit.
When the property is under dispute you may not be able to sell the property.
The interim stay order passed by the high court has been made absolute in the subsequent order owing to the refusal to receive the notice by the respondent.
Thus the passing of the final decree in the lower court case has been stayed by the high court however other proceedings may continue to go.
You cannot sell the property which is under litigation without the permission of the court concerned.
You may be in dire need of money and your case is genuine but you cannot go against the law or court order.
Sir you can file an early hearing application for quick disposal matter citing your oldage and difficulty giving property at less price is not good idea. Further even if the purchaser says that he won't take any legal action if looses the land or sign the order then also it cannot be seen as compelete protection for you.
1. There was initially interim stay granted which was then made absolute i.e it will stay in operation during the pendency of the matter in the High Court.
2. Unless it is known what is the nature of the suit filed before the trial court no opinion can be formulated.
