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Madhan (MD)     13 July 2013

Civil injunction

A,B,C,D,E,F--- Six brothers. No Sisters

G- Cousin brother for A,B,C,D,E,F

A,B,C,D,E,F--- Did business (Partnership). B – Was removed from partnership illegally & forcefully removed from partnership under the circumstances of his Daughter’s Marriage. (No settlement was made). But C & D Criminally threatened “B” to stop “B” Daughter’s marriage and got signed from retirement from partnership and settlement document forcefully. (In 2003).

Does anything can be done in this regard? Can “B” fight legally in this regard?

A,B,C,D,E,F brought land in early 80’s under their names(Undivided, Factory was running in that land). After 2003 they filed a partition suit in civil court to divide the land.

Again in 2004 C & D criminally tried to get “B” share of land (2 ground, when the partition suit is under investigation) and tried to register it under the name of D & G (1 ground each). But when registrar saw the case is still pending and he replied the document can’t be registered legally (In 2004).

The judgement and decree was passed in 2005 (Memo of compromise).

In 2007 “B” transferred all his share of land (4 grounds) to his wife’s name and patta also obtained under B’s wife name (In 2007). When “B” tried to enter the land in 2010 (“B” share was vacant land facing road side, while other’s share of land had building and factory was running) C & D criminally forged the document (Signed “B” Signature and document was altered and over written using whitener and changed in their favour stating “B” had already surrendered the 2 ground of land to D & G respectively to the old unregistered agreement).

C & D also applied for injunction against us to enter into the land.

What can be done in this regard?

How can “B” enter into the land and take possession? (He still can take possession of 2 ground right?) (Total 4 ground was to be under “B” name, 2 ground D & G are claiming to be under their possession).

Note: Under memo of compromise they have to leave 20 feet common road which they have not done?  They have closed that road and kept key with them.

Our land is facing road side only (Compound was built by A,B,C,D,E,F collectively  in early 90’s)

Kindly guide how can we take possession on this land?

 

 

Thanks



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