Property sold to third party
I have filed suit for specific performance against an individual who sold a property to third parties after taking an advance of six crores from me. While part of the suit schedule property was sold before filing of the suit the balance was sold after the lower court rejected my interim application for status quo on the grounds that i have not made out a prima facie case. Meanwhile, I filed in the lower court an application for imp leading the proposed defendants / subsequent buyers.
After my Interim application was rejected by the lower court, I filed an MFA before the High Court.The High Court set aside the order of the lower court and held that i have made out a prima facie case.The High Court also ordered status quo. The last and relevant para of the High Court Order is produced as below:
" It appears suit is filed on 25.6.2013, after issuance of legal notice. However,on 21.6.2013, one portion of the property is sold and on 10.7.2013 another portion of the property is also sold. There is pendente lite transfer in respect of one of the property. In that view of the matter subject to the result of the suit, defendant is here by directed to maintain status quo and not to further alienate the property. Impugned order is set aside protecting the interest of the plaintiff. All contentions are left open to be urged at the time of trial. However, its left open to the parties to go for settlement"
After passing of the above Status quo order by the High Court the proposed defendants/ subsequent purchasers are continuing to develop the suit schedule property stating that the status quo order is not on them and is on the defendant(Vendor). A reading of the order makes it very clear that the status quo was ordered against the proposed defendants as other wise the order of status quo on the defendant will have no meaning considering that the defendant has already sold the property to proposed defendants which has been acknowledged by the High Court.. Obviously, the proposed defendants have taken advantage of the typographical error in the judgement where it should have said status quo on proposed defendants instead of defendants. How do I go about now?
Asked 10 years ago in Property Law