⚖️ Shri Ganpati Jurists | Legal Insight Series
⚖️ Did You Know?
Can a person legally sell property despite a Court’s stay/injunction order?
The answer may be NO.
In Jitendra Gupta v. Shri Sunil Sharma (MP High
Court, Gwalior), the Court observed that a sale deed executed in violation of a temporary injunction order can be treated as null and void, with consequences including:
✅ Cancellation of sale deed
✅ Return of consideration amount
✅ Penalty for disobedience of Court orders
✅ Contempt proceedings for false statements/affidavits
The Court also suggested measures to prevent registration of documents where interim orders are in force.
❓Question:
If property is transferred during pending litigation despite a Court’s restraint order, should such transfer be protected or cancelled?
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