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TMPremkumar (Retired)     03 October 2017

Sale of suit property by courts

Respected Sirs,

I am 67 years and am facing a frivolous partition suit filed by a person interested only in seeking a ransom for withdrawal of the said civil case on my father's self acquired property, which has been transferred to me by a duly registered settlement deed (irrevocable settlement). The case is nearly 5 years old, and except adjournments nothing has happened till date. I am sure that at this rate I may not live to see the judgement, and the property will surely be appropriated. The value of the property has already fallen steeply because of this litigation. Would your goodselves kindly tell me whether I can approach the Honourable Courts to help me freeing me either from the injunction orders from the Civil Court or enabling the Courts or me to sell the property setting aside a reasonable amount as caution deposit in the custody of the Court, till final disposal of the case?

 



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 18 Replies

Suri.Sravan Kumar (senior)     03 October 2017

since you are a senior citizen you have right to ask the court for speedy disposal/trial. Now a days courts are encouraging out of court settlements before Lokadalats. Try in that direction also.

Siddharth Srivastava (Advocate)     03 October 2017

Being senior citizen you can file necessary application for putting the case under senior citizen category to speed up the matter. You can challenge the injunction order in higher court if limitation so permit you. Consult your advocate with details.

G.L.N. Prasad (Retired employee.)     03 October 2017

If you wanted to sell the property, you can move the court and life the injunctuion, and the purchaser may get your documents verified with case particulars and take a decision. You can sell it but the purchaser can not get a better title than what you are having.  It is true that those opportunistic buyers try to encash the same by offering lower that market price.  There is some thing wrong with the counsels as they must understand the predicaments of their clients and positively help their clients.

TMPremkumar (Retired)     03 October 2017

Thanks all of you for your instant replies. To Mr Ramesh Singh's query regarding the petitioner's relationship with me, he claims to be my brother, though he is not. He is still to face me in the Court, resorting to repeated adjournments. He broke open the locks of my locked house with the help of goondas, when I was away.

TMPremkumar (Retired)     03 October 2017

The land grabber wants a hefty sum as ransom, that's all

TMPremkumar (Retired)     03 October 2017

The land grabber wants a hefty sum as ransom, that's all

TMPremkumar (Retired)     03 October 2017

The land grabber wants a hefty sum as ransom, that's all

TMPremkumar (Retired)     03 October 2017

The land grabber wants a hefty sum as ransom, that's all .

TMPremkumar (Retired)     03 October 2017

The land grabber wants a hefty sum as ransom, that's all .

P. Venu (Advocate)     03 October 2017

What is the cause of action pleaded? If no cause of action, move an IA for rejecting the suit on this ground. It is well settled that there cannot be a legal action in the absence of cause of action.

Suri.Sravan Kumar (senior)     03 October 2017

everything can be sorted out peacefully through negotiations. But you must be prepared for it.

Suri.Sravan Kumar (senior)     03 October 2017

Did your counsel file any interim injunction petition in the court?

TMPremkumar (Retired)     03 October 2017

Thanks again for advice rendered. Interim injunction has been filed long ago. But I have to ask my advocate regarding the cause of action as advised by Mr Venu P. May I please know what does this actually mean. This is a legal parlance, which I am unaware.

TMPremkumar (Retired)     03 October 2017

Thanks again for advice rendered. Interim injunction has been filed long ago. But I have to ask my advocate regarding the cause of action as advised by Mr Venu P. May I please know what does this actually mean. This is a legal parlance, which I am unaware.

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