Civil Suit - need urgent assistance


Hi Everybody... One of my friend purchased agriculture land of 10 Acer fromm Mr.X 5years back and now Mr.X brother filed perpetual injunction against Mr.X on same property and obtained ex-parte judgement as saying he is one of the sharer of entire property and entitled of 4acer land . Now my friend is quite surprised he purchased land from Mr.X who has title and all current documents are on my friends name.. please advise for legal aid about my friend!
 
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Note : Already Mr. X brother has ex-parte judgement in his hand against same property purchased by my friend but my friend is not a party in the suit.
 
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File declaratoy suit against both of them in civil court.
 
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Retired employee.

Contact a local advocate.  If you are in possession. remain in possession.  You can implead yourself and go for appeal in expartee judgment.  Move swiftly as this is not final and only injunction agaisnt alienation further from that date.  The issue can not be guided through forum and facts are to be linked to when the land was sold, the date on which you took possession, the knowledge to the other party, whether your seller is having possession on behalf of his other co sharers etc.

 
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@ Shashi Dhara Garu ... If we filed deceleration suit then how about the ex-parte judgement on suit schedule land, that should be cancelled right..
 
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@ G.L.N Prasad Garu... Yes we are in possession on 6 Acer of land but remaining 4 Acer is in his possession and he is not allowing to surveyer for survey the land with his power physical and political both.. all the documents are on our name... Surprisingly I have purchased land but I am not a party in the suit then how can I go for appeal towards ex-parte judgement.
 
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Retired employee.

Sir

This was my reply:  Contact a local advocate

Even though you are not a party, there are cases where the parties collude within themselves and in view of this, as you are in the possession and having a legally valid title, you can implead yourself.

In the case of obstruction of the survey, you have to make an application for Polie security and get the land surveyed.

There is something missing in your query, injunction for what?  Is it a stay order?

A local advocate can guide you better on knowing things and if your interest is adversely affected through this judgment, he can file such impleading petition.

 
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In my query I have already mentioned that he has filed perpetual injunction against his brothers and obtain ex-parte judgement. Thanks for your valuable suggestions and I will take appointment with an Advocate.
 
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