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Anonymous   16 July 2024 at 15:01

Order if judgement

Meaning of below statement.

The matter is such which may be agitated below the court. So the case is dismissed in limini.

sridhar pasumarthy   15 July 2024 at 17:26

Relevant provision under cpc

Respected Experts,

As all of you knew that one can seek to set aside exparte order in a suit by invoking Order 9 Rule 7 CPC.

Is there any like provision for setting aside exparte order in First Appeal. pls respond. Thanks in advance

sridhar pasumarthy   15 July 2024 at 17:22

Relevant provision under cpc

Respected Experts,

As all of you knew that one can seek to set aside exparte order in a suit by invoking Order 9 Rule 7 CPC.

Is there any like provision for setting aside exparte order in First Appeal. pls respond. Thanks in advance

RAJ   14 July 2024 at 09:39

Certiorari in sc civil to quash the high court judgement

Respected Sir/Madam, 
Request your valuable advise on the below scenario.

 Is it possible and worth proceeding to file a civil writ at SC against a High court judgment (in a regular second appeal process), which has a serious question of law by modifying a judgement passed earlier by an additional district judge (in an appeal suit process further to an objection suit process at a munsiff court) to fix the boundary between two adjacent plots; by setting a 2 feet clearance from an existing building which abutted the adjacent share.

 The high court has removed the 2 feet clearance between the boundary and the existing residential house's side with a building wall consisting of several windows, ventilators and a 2 feet projected sunshade. 

As per the High court judgement, the boundary wall has to be constructed close to building wall without leaving any space; for access, maintenance for plumbing and electrical, painting, opening of windows evidently violating the right to inhabitable shelter, right to privacy as well as the mandatory panchayat building rules in effect in the area; which calls for a minimum side setback of 1m between the building and boundary.

 Kindly advise with the necessary legal aspects, opinions, relevant and applicable civil laws in this special circumstances

NAGARAJ   14 July 2024 at 09:05

Probate of a will executor and beneficiary

I wanted to file seeking of Probate of a will.
I am the executor named in the will.
Is it necessary to add beneficiary to the p and sc case as a 2nd petitioner after I was added as 1st petitioner as an the petition .?

Shaheen Khathun   11 July 2024 at 08:05

Tha pathway how many feets

My mother have some land in this land there is pathway in naksha ua this pathway how many feets

Anonymous   08 July 2024 at 22:45

Required professional help

After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it

RAJ   08 July 2024 at 10:12

Request/query – boundary dispute: - applicable law points

Respected Sir,
The synopsis of the property dispute is as mentioned hereafter.
In a joint property assigned with three adjacent shares for 3 brothers (my father and his two brothers) by a title deed which did not have any specific side dimensions for the separate plots except for the individual share areas mentioned. In 1989, My father, while the grandfather was alive constructed a house with the active participation and consent from my uncle in the plot. A portion of the house abutted and projected into uncles property as well.
However, later in the year 2004, my uncle filed a suit to fix his plot boundary in the munsiff trial court. Since our lawyer, suppressed the evidence proving the fact that we have been residing in the house for the past 25 years like building tax receipts etc. Trial court passed a decree and judgment directing my uncle to fix the boundary by demolishing the portion of the building which is allegedly encroaching into the plot.
So we went to the appellate district court in 2009, resubmitted the records (proving our period of long residence) which were not earlier marked; since the lawyer who represented us was bribed to not submit the evidence. Upon cross examination of my uncle, he admitted there were stones demarcating the boundary in 2000 and it was proved beyond doubt in the court that the house was constructed with his consent and he has filed the suit to fix his boundary, in order to seek vengeance on some family conflicts which started during the time.
So the district judge has passed an order to him to fix the boundary according to the commissioner advocates survey sketch which incorporated the total reduction in area of the land; with a 2 feet distance away from the existing building , further subject to the municipal laws.
During that time in 2014, my uncle without proceeding with the execution procedures for the order started constructing a house encroaching into our property, without complying to the panchayat building rules. So we filed an objection suit in 2014 to stay the construction in the munsiff trial court; which was granted to maintain status quo and later a judgment was issued to proceed with the construction only after fixing the boundary and constructing a compound wall.
Simultaneously, uncle has gone for a Regular second appeal in 2014 at Honorable High court of Kerala. After almost around 10 years on 2July2024, the high court has issued a judgement modifying the judgement passed by the previous district court, that he can construct a boundary wall as per the commissioner sketch; and need not leave any space (2 feet as specified in the lower court judgement) from the wall of the building; (without complying to or explicitly violating the municipal laws.)
Since the building wall has windows, ventilators and a 2 feet wide sunshade projecting from the building wall; Is it justifiable to not leave a space between the building and compound wall. The High court order can cause damage to the existing building, when a compound wall is constructed; due to the very close excavation and digging in close proimity of the old building foundation. It doesn’t give the minimum set back of 1m side spacing as specified in the Panchayat building rules. Moreover, such a boundary wall will be very next to the building wall so that we wont be able to open the windows and hindering the space for access and maintenance for the plumbing, electrical light, other utility connections, painting etc. on that side.
The only left option for us is to seek appeal in the Supreme court of India for rectifying the error in High court order; which cancelled the lower court granted 2 feet set back for the boundary wall from the existing building.(against the municipal or panchayat law)
Please provide me the guidance on the below queries.
1. Kindly provide the relevant legal aspects, clauses and points applicable in favour of us to protect the existing building by a 2 feet clearance set back.
2. Please provide any details on the similar of relevant cases to refer against.
3. Does the supreme court accept an appeal with a request to rectify the high court order in violation to the existing panchayat building rules.
4. Does any entries of easement act, 1882 be beneficial for us
5. Does the part 5 entry 64 of the schedule to limitation act 1963 beneficial to the building setbacks.
6. Does the panchayat building rules for a set back of 1 m of side be applicable to the new compound wall to be built
7. Does the section 25 of acquisition of ownership by possession, limitation act 1963 be relevant for seeking appeal.
8. Does the section 27 of extinguishment of right to property, limitation act 1963 by these years be capable of challenging the high court order to not leave 2 feet space.

Shreyas   07 July 2024 at 17:29

Relative of member want to do ca practice in society.

Can a Relative of member use the premises for CA practice? Relative is not member of the society.
Relative is daughter and Son in Law. Member is senior citizen and plans to stay at different place and has requested Managing committee to allow he Daughter and Son In Law to use the flat for practice.

Anonymous   05 July 2024 at 20:46

Land title clearance certificate

My grandfather had ancenral agriculture land. He has 4 sons (including my Father) and 3 sisters. He did partition the land among the 4 sons before 1991 and 4 sons had a contract with one firm in 1991 for the bulding scheme development. This contract doesn’t contain any end date and contract is also not registered. Nothing happened so far till now on this land. The owner of that firm whom had contract with, was dead in 2008 and his son took over the ownership of that firm. These 4 sons had one more contract in 2015 with another party for building the scheme development and this contract is also not contain any end date and this contract is also not registered one. By the time that contract happened, I was 18 years up and my name was in 7-12 but another party didn’ have this contract with me.

Now we have two ongoing court case.

1. First party filed a suite in 2018 and we lost in lower court under article 56 in rule 7 order 11. Court counted the time period from the 2015 to 2018. Court said first party got aware in 2015 when another party published the advertisment in newspaper for title clearance certificate and first party filed the suite in 2018 before completing the 3 years of period.

2. Another case filed in 2022 by one out of 3 Sisters and this suite is relate to partition. My grandfather already partition the land among 4 brothers and my grandfather name is not in this land and the Partition deed is registered.

Current party whom my father and his 3 brothers had contact with, is not doing anything in this land and waiting for clearance of this two case. I don’t have any contract with this party even my name is in 7-12.

Now this land is converted from agriculture to non agriculture land. I would like to get out of this all matters and want to sell this land to someone third party. In summarize, first contract is unregistered one. Current party’s contract is also not registered and partition deed is registered one. Is it possible to get the title clearance certificate in this all condition and sell this land directly to third party?