Property sold to third party
I have filed suit for specific performance against an individual who sold a property to third parties after taking an advance of six crores from me. While part of the suit schedule property was sold before filing of the suit the balance was sold after the lower court rejected my interim application for status quo on the grounds that i have not made out a prima facie case. Meanwhile, I filed in the lower court an application for imp leading the proposed defendants / subsequent buyers.
After my Interim application was rejected by the lower court, I filed an MFA before the High Court.The High Court set aside the order of the lower court and held that i have made out a prima facie case.The High Court also ordered status quo. The last and relevant para of the High Court Order is produced as below:
" It appears suit is filed on 25.6.2013, after issuance of legal notice. However,on 21.6.2013, one portion of the property is sold and on 10.7.2013 another portion of the property is also sold. There is pendente lite transfer in respect of one of the property. In that view of the matter subject to the result of the suit, defendant is here by directed to maintain status quo and not to further alienate the property. Impugned order is set aside protecting the interest of the plaintiff. All contentions are left open to be urged at the time of trial. However, its left open to the parties to go for settlement"
After passing of the above Status quo order by the High Court the proposed defendants/ subsequent purchasers are continuing to develop the suit schedule property stating that the status quo order is not on them and is on the defendant(Vendor). A reading of the order makes it very clear that the status quo was ordered against the proposed defendants as other wise the order of status quo on the defendant will have no meaning considering that the defendant has already sold the property to proposed defendants which has been acknowledged by the High Court.. Obviously, the proposed defendants have taken advantage of the typographical error in the judgement where it should have said status quo on proposed defendants instead of defendants. How do I go about now?
Asked 3 years ago in Property Law from Bangalore, Karnataka
Immediately move the High court and seek an order of rectification of its interim order while bringing it to the knowledge of the Hon'ble High court of the new developments. The court will amend its earlier order and include "the defendant's and proposed defendant's, their agents, authorized representatives, or anybody acting on their behalf" into the rectified order.
This would bring an end to the development being carried out by the proposed defendant's.
you can immediately file a petition stating about the new developments going on and to stop the same and seek rectification of the interim order passed stating that the dependents or any representing him should not go forward with the same
Hi, you can file a application for modification of order and so also take the photograph of the constructions and place before the court and so also filed an application for violation order passed by the order passed by the court.
I have gone through your case...
In opinion the word defendant used by the Hon'ble High Court includes the proposed defendants.. So, my advice to you is to file an application before the Hon'ble High Court for the rectification of the order and also file an injunction petition before the Lower Court.
1) make an urgent application before the High court for speaking to the minutes of order .
2) inform the court of typographical error in the order .
3) court will include "the defendant's and proposed defendant's, from alienating the property or creating third party rights on the property .
4) also file case of cheating criminal breach of trust against the seller who after taking 6 crores from you has sold property to third parties .
Immediately file an applicaion before the High Court pointing out the typographical error in its earlier order for which the proposed defendants have already taken advantage of, for rectification of the order.
Yes you need to move the High Court to get the order rectified and move for an injunction to stop all works immediately which will apply to the proposed defendants as well.
You can certainly move the court for specific performance against the defendants .
You can also file criminal complaints regarding cheating by alienating the property after having recieved huge amount as advance payment from you
A. You have to file an application before the HC to remove typographical error and bring notice to the court for whatever developments was done in the disputed property. And the court will modify the order through inserting "the defendant's and proposed defendant's.
B. Initiate proceedings against proposed defendants and defendants under contempt of court because of to serve the purpose of the order for the interest of equity and justice.
C. File a criminal case against the defendants under Promissory Estoppel.
You have to file fresh CMA.MP in the earlier CMA before the High court and have to obtain statusquo against the proposed defendants by showing the earlier order obtained against the defendant. Rectifying or correcting the earlier order is not correct procedure. You can obtained any number of statusquo orders, if, in future the defendant alienates the property to some third parties (apart from impleading defendants).