Dear Client,
You may file a case of contempt of court against SDM in the high court in which the order has been passed.
SDM’s order
Hi there, I would like to know whether an SDM can give an order against the decision of High Court who decined the legality of selling a paternal property and also whether he can order for Namantaran. Actually we have property case on going since 2005. We have decision in favor of us twice from High Court and at all the below levels. But now when we filed request to provide possession of the property the current SDM passed an order against the High Court stating that the person in possesion has the right to sell the joint property and he ordered to provide Namantaran as well.Please advise if where we can file can against him and what will be the correct procedure
Asked 4 years ago in Property Law
Religion: Hindu
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19 Answers
1) it is necessary to peruse order passed by HC and SDM to advice
2) a co owner is at liberty to sell his undivided share in property
But we already issued a public notice in the newspaper stating that the joint property is disputed.So can he still sell the property
Asked 4 years ago
If there is no stay order restraining sale of property then co owner can sell his undivided share in property
Dear Client,
You may move an application for Stay only.
No sdm can never go against order of HC.. It oe clear case of contempt of court
File a contempt petition before the High court against the SDM.
See if high court has made order and still if public officer is breaching same file contempt petition before high court.
Nothing can be said without perusing the order passed by the High Court and also that of SDM. It goes without saying that SDM cannot sit in appeal and reverse the order of HC.
1. If there is an order in your favour then file a contempt petition in high court to implement the order of the high court , more so, if there is a positive direction.
2. If there is no direction but a finding in your favour then you cna file a fresh writ petition seeking to set aside the order of the SDM by filing a fresh a writ petition.
3. Newspaper publication is not of much help without challenging the order of SDM in a fresh writ petition.
1. It is really unfortunate that SDM has passed such order despite an High Court order.
2. Only solution now remains is to file Appeal against SDM's order, in the local Civil Court supported by the High Court orders.
3. An 100% Alternative would be to file WP in High Court seeking directions to mutate records and possession.
If SDM has passed such order than it is contempt of court. SDM is in trouble. File contempt in HC.
Whatever it is, SDM may lost his job. Just file contempt.
The SDM has gone mad. File a contempt application in tge high court for such willful and deliberate flouting of the orders if the high court.
S. 52 bars anybody to sell a disputed property.
You can file a contempt petition before HC.
No one can sell the disputed property unless it is resolved by the court.
The SDM or any authority cannot disobey the orders of high court or any other courts.
You must see that on what basis did the SDM reject the application.
You may discuss with your advocate on the reasons and the legality of the SDM's orders.
If it is found to be a disobedience of court order then you can file a contempt of court against the said SDM before the high court.
If there is no restriction to sell the property jointly held then he can proceed, however you obtain an order injunction against this proposed sale .
Yes you can file a writ against SDM order in high court challenging his order for contempt of court.
Hi,
In the present circumstances, you may file contempt petition against SDM order in the High Court.
