Anonymous
Asked January 24, 2017

Obtaining Stay order

  • 1 Answer
  • 348 Views

how to proceed stay order for joint patta property

Answer 1

ORDER XXXIX. Of Civil Procedure Code  1908 allows judiciary to pass Temporary Injunctions and Interlocutory orders  on immovable property in the following scenarios-

(a)  any property in dispute is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,

(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit

The Court can then grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property  or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit.

 

You have to prove that the sale of this property is causing you loss, damage or dispossession in any way with the help of documentary and other possible evidences available. Thus, you can file a civil suit at a court and ask the court to provide injunction on the patta property sale that might so be underway.

 

Agree Comment 0 Agrees over 3 years ago

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