Injuction on Property
5 years ago
A civil recovery suit was filed by a government department against an employee. Pending trail, department made an application for an injuction order on sale of personal assets by the employee. The employee sold the assets pending injuction. Department moved court seeking cancellation of sale deed and contempt of court. Court however only said that let the case be decided based on outcome of civil recovery suit. Department also didn't file any application to implead the buyer of property. Around 10 years have passed. During trial employee has expired and department is trying to make LRs party. Whether sale of property was valid?
Deepak Yashwantrao Bade
Responded 5 years ago
ARPIT BATRA
Responded 5 years ago
Vishwabandhu
Responded 5 years ago
Pending trial, , department made an application for an injunction order on sale of personal assets by the employee. If the employee sold the assets pending injunction then it is the violation of the Court Order and subject to legal action. Unfortunately, since the Employee has died nothing much will happen against the dead person unless and until it is heavy amount.There are examples when the case has been dropped.
But you should to finish the case as early as possible in your interest.
Shanti Ranjan Behera,Advocate
sistla ramakrishna
Responded 5 years ago
The case of the government has become very weak. Without purchaser impleaded it cannot be executed even if decreed.
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