Summons received from the court

Querist : Anonymous (Querist) 12 April 2018 This query is : Resolved
Fact of the case.
I am a member of society, the society have two terrace. one small terrace at 12th floor and second at upper 13th floor. the society has passed AGM to renovate the society, during the maintenance the society received various complain of leakage from member, for which the society took inspection report from the Architect and accordingly given permission to Architect for repair it. during the inspection it came to the knowledge of the society that the flat owner beside the terrace has demolished the wall to get access of the terrace and using it for more than 6 years. The society file case in Cooperative Court to recover the rent for using that terrace. during the repair work the member of that flat file case under section 190 sub-section 1 clause c of CRPC for which he is claiming that he is the owner of Terrace. he is claiming that the society has demolished the structure of terrace whereas we have repaired it from the cost of society. now we have receive summons from court under Section 34, 452. against the Chairman, Secretary, Treasurer. he is claiming that he is owner of the terrace and has purchased the same from previous member, but as per MOfa the Terrace is non sellable properties.
Please advise how to appear before the court does we have to produce bail application and application for cash surety. please advise how can I defend in the case can be file our written statement on the day of our first appearance. please suggest with the procedure of the court.

Follow Query

Report Abuse

Adv. Yogesh Pawar (Expert) 12 April 2018
First of all check the sanctioned floor plans, also go through agreement between first owner and builder and confirm rights of that terrace area.

SHIRISH PAWAR, 7738990900 (Expert) 12 April 2018
After receiving of summons you have to appoint advocate for defending the case. On first appearance you have to take bail and furnish surety / cash surety. You can verify the claim of complainant by comparing the plans and agreement executed by the builder with complainant.