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S.R.Venkatraman (Sales Executive)     25 September 2012

Appeal against injunction suit

The title and property clearly belongs to me - I filed two separate injunction suits against two different parties who attempted to tresspass into my property on two different ocassions.while in the Ist case, the party did not appear or file her documents to prove her claim,  the court instead of granting an exparte order in our favour, did not close the case even after dragging for two to three years - The suits ran simultaneously and in the 2nd case, I obtained a permanent injunction order - the 2nd party was doing all illegal activities in my land and I had filed police compalint and also filed contempt of court petitions against the 2nd party - this being so, the court never passed orders against the party instead closed my contempt of court petition as 'not pressed for' - Suddenly the counsel for the 2nd defendant asked for joint trial in the name of the property being one and the same in both the suits and this was also granted by the court - the 2nd defendant cunningly inserted the same set of documents in both the suits which the court never bothered to examine.In both the wrin statements filed by the defendants both the parties have claimed possession.However, in the confessional statement the 2nd defendant has stated that his property and my property are different and that he never entered into my property.

All the documents filed by the defendant are bogus and tampered which the court has not bothered to examine.Relying on his statement and also due to differences in schedules of property in my plaint and the property document(boundaries and survey no. differ) the court has dismissed both my injunction suits on the same grounds.

How can the court decree the Ist suit when the pe rson has not submitted any document and also never filed any confessional statements?

In the 2nd suit also, the defendant has stated differently in all his statements and also all his bogus documents show different survey numbers etc?

More importantly in his confessional statement 2nd defendant has said that he did not enter my land - Where is the question of his being in possession????

He has cited the illegal structures etc in the Advocate Commissioners Report to prove his possession over the property.

 

 

 

 

 



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