Legal Question in Real Estate Law in India

This is regarding the property. Our defendant has availed temporary status quo on basis of Will of their grandfather regarding one property. We had purchased the property from the defendant�s father without informing his son but before he hands over the property to us. The son refused to hand over the possession as soon as they came to know about the agreement.

We filed police complain against father and son under IPC 451, they got arrested and got the bail, the matter is pending in metropolitan court. Further we filed case under CRPC 145/146 in executive magistrate court using the police complain base, this is also pending . Now the son has filed civil suit in city civil court and got the status quo on his father as well as on us on basis of Will he has. Father and son are against each other. The status quo is of temporary type and is mentioned till further order, The son has also filed suit to cancel the registered sale agreement. We don�t have anything but debate on this.

Kindly suggest us following

1. Being helpless Can we file another suit in higher court or competent court if the case is pending in city civil court to remove this status quo.

2. Can we file another criminal case against them if the case is pending in metropolitan court . The son has all the documents for his proof of genuine Will which he has provided along with the suit.

Suggest us....


Asked on 7/02/11, 2:57 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

An appeal against the order of interim injunction is maintainable.

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Answered on 7/02/11, 3:14 am


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