Legal Question in Real Estate Law in India

Shri Kole belongs house property at Ichalkaranji(Maharashtra) at measuring 2300 sq ft. He sold the property to Shri Shaikh on 19/12/2002. Subsequently It was sold to me (Mr. Kajwe) on 16/3/2009 but 24/12/09 court sold this property 1690 sq. ft on behalf of judgement debtor shri Kole to shri Golandaj judgement creditor ignoring shri Shaikh's name in property card.
On discrete inquiry it is revealed that on 27/3/96, an agreement to sale was executed by shri Kole on which basis shri Golandaj, filed civil suit on 30/12/02 which was decreed ex parte on 13/6/03 in favor of Golandaj. As per decree Rs. 80000/- was to be deposited by shri Golandaj within one month from the date of decree which was deposited in the court by him on 02/03/10. As per decree the sale deed is to be completed within 3 months from the date of decree, but it was completed on 24/12/09 & possession of the property was taken on 02/03/2010 through court.
Shri Kajwe requested (Misc 62/11) court to open Darkhast filed by Golandaj which is acceded by the Hon court but it is doubted whether ex parte decree already executed, can be reopened & repossession can be offered to Shri. Kajwe. Pls advice with citation of past cases.

Asked on 4/08/12, 7:13 am

Shrichand Nahar S.V.Nahar, Advocate

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If somebody purchase a property which is subject matter of a suit, then decision of such suit is binding on such purchaser.

Answered on 4/09/12, 10:46 pm

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