Appeal on unknown order
Ahishek Shinde
(Querist) 10 June 2012
This query is : Resolved
Hello Experts,
My aunt(father's sister) had filed a suit for partition in 2 courts simultaneously in 1985.
1) Jr. Civil Court and
2)Revenue authority of Maharashtra state.
In 1987, Revenue court of Maharashtra (SDO) given the order to give 1/2 share of property to my aunt.
My father appealed to district collector (revenue) against the same order in 1987 itself.
In 1988, Jr. civil court rejected my aunt's application due to incomplete information
In 1994, district collector confirmed order of SDO for giving 1/2 share of property to my aunt. In 1994 my father applied for revision to Divisional commissioner(revenue) of Maharashtra.
In 1994, my aunt corrected the necessary information using rule 21 and carried proceeding. My father was not aware about this correction.
In 1994, court given the order to give 1/4 share of property to my aunt.
Now in 2012, hearing about evision to Divisional commissioner(revenue) of Maharashtra has been started from 4th June. For this hearing purpose, we collected certified copies of civil court's case and surprisingly we came to know the civil court's order.
This order has been given in 1994. We want to appeal on this decision in district civil court. Can we appeal on the same with delay condonation? If yes, what points should we highlight in delay condonation application?
Thanks,
Abhishek Shinde
ajay sethi
(Expert) 10 June 2012
were you a aprty to civil court proceedings ? your aunt must have served you with copy of the summons . you ought to have contested the case . order is passed in 1994 . delay in filing appeal is of 18 years. it is doubtful court will condomne delay of 18 years .
if you were not served with summons then you can argue you were not served andcould not contest the case
Kiran Kumar
(Expert) 10 June 2012
better seek help of some local professional lawyer...who will file the necessary application as per the facts and circumstances of the case.
there are no general or set points for the purpose you are looking for.
R.K Nanda
(Expert) 10 June 2012
Take the help of lawyer.
Shonee Kapoor
(Expert) 12 June 2012
It seems that your aunt worked with malafide intent, based on this ground, the appeal may be admitted, better seek help of a professional lawyer in your area.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
