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Quashing false declaration suit in high court

(Querist) 27 July 2015 This query is : Resolved 
My grand father is having 3 acres 13 guntas land. out of which, 10 guntas land was acquired by government to construct road. My grand father's aunt filed civil case against government in bangalore civil court, as her land measuring 2 acres 04 guntas was also acquired for road purpose. During evidence in Bangalore civil court she said entire 3 acres 13 guntas land is my grand father's share, which is true. and order was also passed in my grand father's favour. and compensation for 10 guntas land was awarded. Now recently the same lady has filed Declaration and injunction suit in another civil court saying she is the owner of the land for 3 acres 13 guntas land which belongs to my grand father and has no record in her name, she has suppressed her statement which was given in bangalore civil court. Our counsel submitted rejection of plaint under order 7, rule 11 of CPC. But Judge did not allow it. Now my question is can we go for quashing of this declaration and injunction suit in high court based on her statement and her children's statement in bangalore civil court, in which they have clearly said 3 acres 13 guntas land belong to my grand father. Which is mentioned in the order copy too ?
Rudrawar Narayanreddy (Expert) 28 July 2015
you have to appeal against the rejection of your application to district court or high court as applicable by seeking advise from your advocate

you cannot go to high court seeking quashing in civil. The statement made by your aunt will help you in the decision of the case you file the same in the case and get marked when the evidence is taken
suit will be dismissed.
Rajendra K Goyal (Expert) 28 July 2015
Agree with the expert Rudrawar Narayanreddy .
P. Venu (Expert) 28 July 2015
it appears that first case was a Land Acquisition reference and the second, a civil suit. in LAR no title could be decided. Hence the declaration suit is in order unless she is a total stranger to the title, rights and interests in the property.
Manohar Manu (Querist) 30 July 2015
Thanks for Reply.. :)


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