Backgroud: @ I filed DVC case in March 2018. The accused received and made appearance in court. @ Filed interim petition to "not to alienate properties" of the accused and gave notices per court direction but accused did not turn up for this interim petition. Court granted exparte order "not to alienate" until further orders in April 2018. Accused did not appeal this order but attended court for subsequent court adjournments. @ I reported (register post) the same to the concerned Sub-Registrar Office and received acknowledgement with stamp and signature of sub-registrar office. @ In Jan 2019, accused sold the the said schedule property to a third party. The third party is not his friend or relative. The sale was not made subject to litigation. I lodged a complaint to Deputy Inspector general Stamps and Registration and District Registrar asking how the sale was conducted via sub-registrar office while a court notice was reported to them on time. There was a lapse in the sub-registrar office and the order was not made online. However, they told me that they cannot invalidate the sale transaction and that I should got to court. @ My lawyer is saying there is nothing we can do regarding this matter in DVC court. He is directing me to file a writ petition on Sub-Registrar in High Court. My Question: 1. Is this contempt of DVC Court? If yes, what should my prayer be and under what DVC section? 2. Can I get this sale transaction invalidated? 3. Which court will have the authority to invalidate this transaction? DVC court or District Court? 4. Can I ask the court to direct the accused to submit the proceeds of this sale transaction in court until the matters are settled? If yes, which court - DVC or District Court or High Court? 5. Did he make this sale transaction because it is exparte? Note: He is exparte only in this interim petition, he had filed counter in other interim and main DVC petitions.
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A sale has been effected despite court orders. A property which is disputed and the litigation us going on cannot be sold and in case it is file an application in the same court where the litigation is going on for cancellation of the sale deed.
Regards
A cancellation of the sale deed must be filed in the civil court after informing the court where the litigation is pending.
All the proceedings shall be instituted in the district court.
You can file a contempt Petition in the same. If you are filing writ both contempt and writ can be together taken before HC. Yes you can pray for that. Else you have to file suit for cancellation of the sale deed.
1. Yes, it's contempt of court
you are advised to file a civil suit for declaring the sale proceed null and void making your husband, buyer and registrar as party
2. Yes as advised above
3. Civil judge
4. No, go for declaring the sale proceeds null and void only
5. Maybe but that's not a valid ground for him
Also file contempt petition against your husband and register
1. The PWDV Act is not so clear on this issue. However on this basis you can file a civil suit to declare the sale as null and void.
2. Yes if you adopt the procedure as advised above.
3. same as above
4. No, the court has no power to do this.
5. He has only the special knowledge behind this sale.
Accused has committed contempt of court
2) take out contempt of court proceedings against accused
3) you can take out application to invalidate sale before DV court
4) no need to direct sale proceeds be deposited in court
Accused committed contempt of court, file contempt of court proceedings against accused. File a suit before the civil court having jurisdiction and with specific prayer for cancellation of sale deed.
1. Civil prison and fine can be sought in contempt with further prayer to restore the property to original status pending the case.
2 and 3.. A civil suit for cancellation of the sale has to be filed in district court to invalidate the sale.
4. You can seek this as an interim prayer.
5. No even exparte order is binding as notices at instance were served.
1. Selling the property while there is an order if injunction against it is existing then it may be considered as contempt of court.
2. You have to file a suit for cancellation of the sale deed by filing a suit in the family court.
3. Civil court or family court.
4. You can, but unfortunately the same may not be maintainable.
5. Let him answer this question
