How to get stay order on property for not selling when case is pending


In Madurai, Partition Case is still pending and it is in final stage with defendants side arguments and then orders. Plaintiffs side arguments got completed. Meanwhile defendant side lawyer gets multiple hearing to complete his side arguments. At the same time defendants are trying to sell one of the valuable property to some of their wife side relatives. Please give the guidance either we need to file a petition in the same court or to file Kaviayath or to get Stay order. What are immediate procedures to stop this transaction, How long it will take to get order, How much % plaintiffs have to pay to the court to get Kaviayath or Stay order. Please guide us. Thanks

Answers (3)


145 votes

Caveat is not for this remady you require. Send a legal notice to the sub registrar stating a partition suit is pending before the court, hence no transfer of suiy property by registration may allow. And finally file an interim petition before the court in your pending suit with a prayer to restrain the defendant's from alienating the suit property until disposal of partition suit. Even if no injection is granted also the sale made will hit by lispendence


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322 votes

When the case is pending the ownership is not fully established and any sale during the pending stage is not valid. The other side may be confident of winning the case and that is why they are trying to sell it. Through your lawyer you can try for a stay order.

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File petition u/o39 rule 1,2 c. P. C. to restraining defendant from selling property. Urge the application for disposal immediately. Further any sales in pending suit will valid only party sell win in the case. Time limit can't say.

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