Nirmal Joseph
20 October 2010 at 00:54
Hi,
The following is the extract of an order. Please go through and provide your valuable suggestions.
A Petition was filed under Order XXI rule 89 Section 151 of CPC to set aside the sale of A & B Scheduled properties held on 11.03.2010 and 25.03.2010. The Petitioner is the respondent in an EP. The A & B Schedule properties in EP were proclaimed for sale on 11.03.2010 and the amount specified in the proclamation of the sale is Rs.14Lakhs. (But the present Market value of the property is more than two Crores)
The Amended order 21 Rule 92 (2) required in case of an application under Order 21 Rule 89 the deposit to be made within 60 days from the date of sale.
The Application in question and the amount under sale proclamation were made on 31.05.2010 which is beyond 60 days period because the Court was on vacation. The Hon’ble Judge pointed out that though during the course of the argument the Petitioner’s Counsel said that the amount could not be deposited before the expiry of the 60days due the court vacation, the affidavit filed in support of the Petition did not explain as to why the Petitioner did not move the vacation Court for the same purpose. Stating this reason, the application was dismissed.
I have the following quarries:
Is it possible to file the application and make the payment in vacation court?
If so, because there is a delay of few days, would a proper delay connotation application save the petitioner?
Can the petitioner go for an appeal?
If possible, under what grounds?
Thanks,
Nirmal
Anonymous
19 October 2010 at 22:12
Whether 2750 days delay will condone by the court for filing an appeal against the order and judgement of munsiff court.
AAVADHOOT. D
19 October 2010 at 21:50
Sir,
Please inform how to get final decree in property case get executed & how long it takes..
AAVADHOOT. D
19 October 2010 at 21:43
Sir, Please guide as to how to get the final decree executed as other party is not cooperating & obstructing..
Anonymous
19 October 2010 at 21:38
Sir,
What is the time period within which I can file contempt petition for not following order in Exec. petition?
Please inform.@ deltasudhir@yahoo.com
AAVADHOOT. D
19 October 2010 at 21:06
Sir,
I am Sr ctz, age: 76 yrs.Please guide,in.. Our drainage line is always damaged & the person my younger brother,is not obeying court orders. We complained to local city corporation in Belgaum.they gave us permission.Under final decree drawn as per compromise accepted by parties(3 brothers,elder one died recently), one of the signatories is obstructing to laying UGD.He has damaged & taken out the pipe line once by threatening with life. for which police have filed criminal case with 427,504,506 r/w 34. This UGD line passes thru' a passage of 5'.Now he is constructed wall & put slab on it.We have informed Commissioner of Corporation that being unauthorized construction.Even he is dilly dallying. They are suggesting us to sell & vacate the place,
Anonymous
19 October 2010 at 19:30
me,my mother and my three brothers are the co-parceners of the huf account of my father as my father died.my elder brother has some bad intentions about the money in the account .So my mother and other brothers decide to ceased the account and we ceased the account.My elder brother is the karta of the account in income tax.As we ceased the account in the bank ,now my elder brother opens the account in other bank and bank manager also opens the bank account without the permission of the other co-parceners.We also complaint the whole thing about the account to the head office of the bank .but they do not co-operate with us .So sir we want to know that whether we can go in the court and made my uncle and bank as a party.
chetan
19 October 2010 at 18:01
is it necessary that at the time of writing will medical certificate is to be attached if the person is of 60 or above age
chetan
19 October 2010 at 17:24
Sir,
i have a query about witness in the will that whether a close relative can become a witness in the will and a close relative is witness in the can the will become invalid or illigal???
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school management aided
There is a case against the manager of the school by other management members.The total management members only eight in number and four of them including the manager forms illegally one group and the other four gave a court case.
Still the manager appoints staff and all day to day activities.
How to stop him from that till the disposal of suit.
How to obtain injunction .
The case is in sub court. in tamil nadu.
The manager and the parties taken an order from Madurai court, tamil nadu for delaying our injunction if any submitted.or CAveat or something like that.
Please suggest remedy
VERY URGENT.
Can the four parties form a trust on their own and change the manager and notify it to Education offices.
What is the immediate remedy.
Simply by waiting for the case against them is not wise as it will take time.
please