Neeraj Kaushal
29 March 2010 at 17:49
Sir,
i have filed a civil suit for permanent injunction against the defendant , court granted ex-parte stay order to me and restrained the respondent from raising any sort of construction on joint land till next date of hearing , but wife and son of respondent is doing the construction work , main respondent is out of station , i have filed application under order 39 rule 2 A of C.P.C in civil court and i have made party in application only son and wife of respondent,not main respondent , my problem is that my application under order 39 rule 2 A of CPC is maintainable if maintainable, is there any law of supreme court or High court of India regarding this matter.
Anonymous
29 March 2010 at 16:21
There are five plaintiffs in a suit. One of the plaintiffs has deceased. He has no heirs who are not already on record in the suit.
Is it necessary to delete his name from the record? If decree is passed in the suit after he is dead, but whilst he is still on record, what is the status of the decree?
Anonymous
29 March 2010 at 12:21
Dear sir/madam,
As all of are aware we are required to get one's marriage registred before the marriage registrar once a person gets married. but what in case of a divorce? is there any provision to get the registration of the marriage cancelled after one is divorced? how do we do it?
can i please be guided on the topic?
I do agree with all of your views that once a divorce takes place, the decree is in rem. but what if the other party tries to take undue advantage of the registration (marriage) certificate, as the certificate is not cancelled. the parties have to produce the divorce decree to show they are divorcees. but may be there can be misuse by the other party in getting passports, etc. so how to protect oneself from such misuse? even if a person is a divorcee, if the marriage certificate is not cancelled, there is a chance of misuse of that certificate.
Please clarify
Anonymous
29 March 2010 at 10:04
my father died before i was born 1948, we have agriculture property in delhi, some of property aquired by govt in 1960, my mother was illitrate, their, now after 50 years i got to know that 7000 sq yard of my land was not aquired by any govt dept, was still on my name in revenue registers in jamabandi & girdawari, but land was encroached by varios govt agencies MCD & rehabilitation dept, a group housing society, DDA , i have confirmed from all deparmnts, land was not aquaried ,what can i do now ? can i get my land back ? or can i get any compensation?
also i want to know now can i claim for an alternate plot in lui of my aquired land ?
Anonymous
28 March 2010 at 19:40
Dear Sir,
I have immovable prpoerty situated in a urban area in which one person encroached to the extent of 40 Sq.Mtr. The said encroacher mutated said land in his name on property card. Now please tell me which suit can I institute against the encroacher.Please give me the detail procedure.
ashwinisavishnainwar
28 March 2010 at 14:46
plantiff make a case for possestion def plea is that def was adopted son of plantiff father mother there forefathers come from rajastan they follow the customs of hinduwhen def was 4 yrs old he wae given in adoption to prove his adoption he placed driving certificate election card school leaving leaving certificate he was know by name of adopted father his admother made will in his favour ado father is died having two properties in will of mather stated that he is my son he was doing all things for me therfohouse in name of my son one field wasgiven to my daughter she leaving in matirmonal homa given her gold oranements moneytherfore house property was given to son .there is gift deed in resrect of same property in favour of son made by mather reqnish deed in favour of brother made by plantif both doc are not registrd court held that in muslim law adoption is not valid therefofe give the possestion of house.we go in apple we have a documents to show he was adopted son .give ma some gudlines to make case strong some judgements
ashwinisavishnainwar
28 March 2010 at 14:25
i am a lawyer on plantiff side therewas land 4.30acr we get that land from my father.def get possestion of 1.o3acr by way of orat leasein 1973 plantiff want possestion def not givenwe make a case for possestion.def plea is that he get that property by way of will which plantiff father made in his favour, his plea ,he was son from another father after death his father his mother marries the plantiff father both plantiff def ,mather ,father was living togetherewill i make a amendement for declaring that will was bogus ,fraud
S. Fernandes
28 March 2010 at 13:12
I filed suit for money recovery of 31 lakhs from a registered partnership firm. The firm entered into MOU with 3rd party to dispose off its property. I filed for interim injunction O.39, to restraint firm form selling the property so that my recovery will not be affected. Summons were served on the respondents, i.e. firm & partners and order of injunction granted. However, during pendency of this litigation between the period of filling and order, firm sold the property along with all its machinery for 55 lakhs., now firm is only a name with no assets, and also no money, as money received is very little and used to pay secured creditor. Transferee has now mortgaged the property for 1 Cr. to Nationalised bank.
Will the principal of les pendend apply, will contempt apply what are my recourses,
Please help with advise.
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