Sir, A has filed partition case on B and get exparte final decree. During final decree proceeding it was found that plot 5229 is wrong and right plot no. Is 5240. Which was rectified during final decree proceeding and plot 5240/5229 was mentioned in final decree. After final decree A sold his share in plot 5240 to C and after 3 years of Final Decree filed execution case for Final decree. In the meantime judgement debtor B also sold land more than his share in plot 5240 to D against the Final decree. And filed a misc case to reopen case of final decree. now D stopping C from any construction in plot 5240. Sir please guide the best and fast legal way to stop D from creating nuisance sothat he can't create any problem. when the execution of decree is pending.
C should file Suit for mandatory injunction against D alongwith application under order 39 to restrain D from causing any injury/nuisance/ interference to the legal rights of C
29/01/2025 17:05 pm