Civil permanent injunction granted by district court
Situation : Respected Advocates,
Ganesh father sold ancestor property (house) to Subash in the year 1989 and died same year and possession of the property is not delivered till date.
February 2001 without possession Subash sold the property to Deepak and Deepak tried to evict Ganesh with the help of sale deed and police .
In 2001Ganesh filed suit for partition and permanent injunction against Deepak and in the same year the plaint was amended and it was restricted only to permanent injunction.
In 2007 Suit was decreed in favour of Ganesh restraining Deepak from interfering with the peaceful possession of property.
In same year the defendant Deepak appealed the lower court order in district court and in 2011 the appeal was dismissed and district court up held the lower court order and directed Deepak not to interfere with peaceful possession of property of Ganesh. Deepak did not appeal further and Ganesh is in possession of property.
In 2013 Deepak filed new suit in lower court against Ganesh for declaration and possession of property.
In 2018 December lower court passed the decree in favour of Deepak and ordered Ganesh to vacate the house in 3 months.
Sir my queries are :
1) Ganesh has lower and district court orders 2007 & 2011 respectively restraining Deepak from interfering with the peaceful possession of property and Deepak has lower court order of 2018 to evict Ganesh. So whose order comes into play ?
2)Will Ganesh gets stay against 2018 order passed by lower court?
3) Once the suit has attained finality in both the above courts, can Deepak re agitate same in lower court by filing a new suit?
4) will the decree of 2018 of lower court overrides the decree passed by the district court in 2011 ?
5) If the stay is not granted against 2018 order does Ganesh need to vacate the house or the appeal court order of which is in his favour will comes to his rescue?
6) Is Police empowered to evict Ganesh without it being directed by court?
After sale deed in 1989 possession was never delivered to Subash and Deepak by Ganesh and till date possession is with Ganesh but sale deed and Muncipality records are in Deepak name.
Please help . .
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