This is regarding an ancestral property - undivided agricultural land in Gurgaon, It is jointly owned by my mother and 5 other co-sharers. My mother has filed a partition suit in Revenue Court that has proceeded to Naksha B stage. Today we have learned that one of the co-sharers has started constructing a boundary wall in one of the portions of the land without partition. Following are my queries in this regard: 1) Gurgaon district court is closed till 1st July but would there be vacation judges who can grant us temporary injunction to prevent construction? 2) Should we also approach police? Can they help us in stopping the construction? 3) We don't know which co-sharer is getting the construction done. The workers on site are giving evasive answers. Can we ask for injunction against all of the co-sharers? If not how do we find the name of co-sharer who is getting the construction done? 4) If we approach the court tomorrow would we need to pay court fee tomorrow itself? It is an expensive property so if court fee would be upto 5-10% of market value then we would have to first get that money ready. 5) Should we also file a criminal case? Would there be any benefit in that?
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Dear Sir,
- For urgent matters, vacation court can be approached. Which means injunction petition under Order 39 Rule 1&2 of CPC can be filed.
- Police will not take any action until have court order to act.
- On injunction matters court fee is nominal. It is recovery matter where % works.
- Pertains to who is constructing the building, you shall have to obtain the information to make them party to suit.
Regards
Vivek Arya
1. Sir for urgent matters court is allowed in vacations also.
2. Police will not help as civil dispute and he is cosharer.
3. That details you need to learn with other co-sharer or make other cosharer party to suit.
4. Yes court fee has to be paid before .
5. Criminal case may not be maintainable.
You can seek urgent reliefs before vacation judge
2) police would not intervene as it is a civil dispute
3) seek injunction against all co shares
4) you can undertake to pay court fees
5) don’t file criminal case
1. yes, you can approach the Court even during vacations and injunction can be granted upon merits of the case
2. Police won't help you until there is some stay/injunction on the construction
3. that's tricky, take an injunction against all co-sharers
4. No fee on injunction matters
5. criminal case is not maintainable, approach the Court for getting injunction order
1.If it's an urgent matter then it will be granted else will be listed after vacation.
2. No they may not help they will only interfere if any law and order situation arises.
3. Yes.
4. Without court fee no orders will be passed but you can file the matter without court fee by giving undertaking.
5. Yes it will benefit you in long run and opponent my settle
Thanks a lot for your replies. I have some further queries: 1) Would the temporary injunction stop the co-sharers from construction on property alone or would it stop them from selling their undivided share as well? 2) 3) If we want to sell the undivided share in property later on - would the injunction stop us from doing so? 3) If some co-sharer sells the property to a new person. Would the temporary injunction apply to the new person as well? How can we make it apply? 4) Can we withdraw the injunction case later on? (in case we want to sell our undivided share)
Depending on prayer granted by court. You can pray the way of relief you seek.
Yes it will stop you
They can't sell during stay.
Yes you can withdraw
You can file complaint against the judge if you feel he was bias. But that may invite contempt against you. I will not advise you the same
1) it would stop co shares from carrying on construction
2) you need to seek stay from selling their undivided share
3) you would not be able to sell if stay orders are passed restraining all co shares from selling their share
4) you are at liberty to with draw injunction case later
1. whatever you pray in your application if you want both (construction and selling) then apply for both
2. Till stay is there no one can sell the property, once stay is vacated you or anybody is free to sale the same
3. if injunction is on sale of property no one can sale it but if it is only on construction and any co sharer sale it, then the injunction applies to the new buyer automatically,
the sale agreement/sale deed contains a clause "that the property is not involved in any litigation" or "the property is involved in litigation No. ....... and an injunction order is passed by the Court of ................etc"
4. YES
Dear Sir,
1. O39R1&2 gives provision for a temporary injunction. Court will give the status quo until the final decision comes with the decree passed. Any violation to court order shall be taken seriously by legal body U39R2-A. No new title shall be allowed until the final decision comes, be it sale or construction.
2. When the case is under consideration at Court, no new title shall be allowed. Which means no sale will be considered valid.
3. It shall apply to every person who is made party pertains to property in question. No need for any application. Any act done w.r.t property when the property is under consideration is void.
4. Yes, any time with terms of compromise, DID etc.
Regards
Vivek Arya
1. It is as per prayer before the court if you seekstay on construction court will grant same they can still sale.
2.If there is no stay on sale transfer then in that case it will not effect sale though suit will be infructuous if you sale all your share,
3. Yes it will apply and the new person need to be added as party to the suit.
4. Yes you can withdraw anytime.
You should ask the police to implement court injunction orders as the party is liable for contempt of court orders and it is an offence not to comply with court orders.
Please ask the police to implement the court injunction orders.
You should inform the court that the other party refused to take injunction orders and also that you had approached police to implement court orders.
1. Yes in all districts there is a vacation court which will hear all such urgent cases once in a week, you may enquire the day from the district court.
2. Police will not interfere in civil matter.
3. You can ask injunction against all however for this particular one, you may have to ascertain the name of the particular co-sharer through your own source or else court may not grant an injunction in general.
4. The court will not entertain any case in which court fee is paid even less.
5. Criminal case is not maintainable.
1. You can seek injunction for stopping the construction works as well as for not alienating the property also.
2. Yes, it would be applicable to you also.
3. If the new buyer is impleaded in the suit then he too will be bound by this order.
4. You will be at fault because the opposite party may take this as an advantage and seek an order agaisnt you by filing an application for injunction against you.