Jurisdiction to file
Adv. Mandar Pimpalkhare
(Querist) 16 December 2014
This query is : Resolved
Dear Senior Members
I have one query regarding the filing of civil matter before which authority.
Facts are as below -
An individual has purchased plot vide registered sale deed some where in 2005. But has not mutated his name in revenue records till 2013. Now when he approached to get his name mutated revenue officials informed him mutation is not possible in his name as this property is already mutated. On procuring the details he came to know that another individual has mutated his name over the same plot by virtue of ex-parte Judgement and Decree passed by Civil Court in matter of suit for specific performance in the year 2013 and court has directed Superintendent of Court to execute the sale deed for the said plot. Whereas the individual at first instance was unaware about this suit and has purchased the plot prior to another individual.
My query is regarding whether i should file appeal before Sub-Divisional Officer for mutation? or
File a civil suit for declaration of ownership of the said plot or
Should file Writ Petition in High Court.
Whether execution of sale deed by court order in ex-parte judgement and decree would be an obstacle in appeal before SDO.
Please guide.
Adv. Mandar Pimpalkhare
Devajyoti Barman
(Expert) 16 December 2014
Writ court would not solve your problem. File a suit for declaration and setting aside the second decree in the court where the suit property situates.
