Denial for appeal in the lower court judgment

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10 November 2017

An old lady made an illegal gift settlement of a property to her son to which she is not the absolute owner. The old lady’s daughter who was jealous of the gift settlement, filed a false suit in the lower court challenging the gift settlement and seeking partition of the property stating that it is her ancestors property. Actually the persons are total strangers and no way related to the family or the property. The suit filed in the lower court did not include the genuine legal heirs who are in possession and occupation of the suit property. When the genuine legal heirs came to know about the false litigation, they immediately impleaded themselves in the suit and the suit was dragged for seven long years. Except the genuine legal heirs, all other respondents have been declared ex-parte and now the suit has come to trail stage. The plaintiff has been cross examined and it has come to notice beyond any doubt that the plaintiff is lying and the suit is a false and frivolous one. The witness brought by the plaintiff who is yet to cross examined but blabbered in his statement contradicting the statement of the plaintiff. It is pertinent to state that the genuine legal heirs already filed a suit on the very same property and got a permanent injunction against the plaintiff and others. The question is, at this point
1) Can the impleaded respondents, being the genuine legal heirs to the property who are in possession and occupation, plead the judge to stop further proceeding and deliver the judgment ending further process ? If yes, I request you to provide appropriate citation of similar case.
2) Can we seek a direction from the judge restricting the plaintiff for further appeal to next appellate court by the plaintiff, this being a bogus and false litigation? If yes, I request you to provide appropriate citation of similar case.
Thanking you,

Vijay Raj Mahajan (Expert)
11 November 2017

1. The request for fast track hearing of the case can be requested to the trail court or the next appellant court for direction to the trail court. Close the defendants evidence soon for the earliest decision in the case. If no substantial evidence to be given by the defendants, let their evidence be closed and the trail court fix date for argument and final order.

2. No, the trail court cannot prevent or stop either of the party to suit not to appeal against its order as that will be unconstitutional and against the provisions of the Civil Procedure Code.

Balaji Bakthavathsal (Querist)
11 November 2017

Dear Sir, I fully understand that it is constitutional right given to everyone to appeal in the next appellate court. However, if the trial court finds out that the litigation filed is a false one and that too without any basic documents, should it allow the suit for further appeal which will cause unwarranted hardship to the genuine legal heirs ?
Thanks & Regards

Rajendra K Goyal (Expert)
11 November 2017

Appeal is against the findings of trial court / lower court.

Court can not snatch right to appeal.

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