Harish
23 July 2018 at 23:46
My father had an property which purchased in 2000. At the time of purchase seller told us we have right received from ancestors that 25% in water well which is in neighbor's premises. The same was documented in paper also. But later the seller lost that right through some consideration ( approx 30 sq feet boundary space) which was not documented.
My father purchased the same and later buid the house in premises. And while building boundary wall the neighbors are objecting that the space belongs to them as the same was not documented bin paper.
What can we do now...? Request ur expert advive
V.V.Ramadas
23 July 2018 at 23:43
Dear Sir/Madam.
In a Partition suit the advocate for defendant has not taken plea for , barred by limitation,non-joinder necessary part, no cause of action and non-payment of proper court fee etc but at the stage of appeal the appellant taken all the above pleas and during the pendency of appeal the respondent -plaintiff has filed additional evidence( filed a new ROR-Patta where in the name of appellants daughter is find place) under order 41 Rule 27 C.P.C and the same is allowed. Can the advocate for the appellant file a petition for remand of the suit to the lower court with a permission for amendment of the pleadings as the it changed facts of the appeal.
Vekatesulu Mandin
22 July 2018 at 13:34
My consumer complaint is listed as call on. and when asked date they gave date in the court. but the date is not mentioned in the CONFONET website.
I enqauired with few advocaets waht is meant by CALL ON.
Call on means no more procedure they told like that.
Usually Consumer complaint steps are:- Notice, objections, written arguments, if IA filed - IA, objections on IA, orders.
In my case the judge has taken the OP replies/objections where he was not supposed to take as I already filed written objections as to how OP can file reply after 3 months of reciept of noitce.
Now judge has kept the case in abeyance. without further procedure.
He said he will finish case in 1-2 dates and he gave looooooooooooong date in 3months gap.
What to be done in this csae. My complaint is not moving at all.
JAIME
21 July 2018 at 17:49
Heard learned Counsel appearing for the
petitioners.
2. The above petition challenges an order passed by the learned
Judge framing additional issues, based on an application filed by the
petitioners. The learned Counsel for the petitioners has pointed out
that the learned Judge has erroneously considered that the petitioners
are claiming ownership in respect of the property bearing Survey
No.47/20, as well as Survey No. 47/20-A of Assonora Village. The
learned Counsel also points out that though the issue of cause of
action has been framed, nevertheless, there is no specific issue
framed as to whether respondents prove that the petitioners had
knowledge of the deed of partition.
3. I have considered the submissions of the learned Counsel and
with his assistance, I have gone through the impugned order, as well
as the application filed by the petitioners for framing additional
issues and the issues which were already framed by the learned
Judge.
4. With regard to the first contention of the learned Counsel
appearing for the petitioners, on perusal of issue No.2, as framed by
the learned Judge, the fact that the original property is surveyed
under No.47/20, which was thereafter surveyed under No.47/20-A is
taken care of. In such circumstances, the contention of the learned
Counsel appearing for the petitioners that a specific issue has to be
framed in connection with the property surveyed under No.47/20-A,
would not survive.
5. With regard to the second contention of the learned Counsel
appearing for the petitioners, on perusal of the issues framed by the
learned Judge, I find that an issue of limitation has already been
framed. Consequently, the issue sought to be raised by the
petitioners would have to be established in the context of the findings
on such an issue.
6. In such circumstances, I find that there is no jurisdictional
error committed by the learned Judge which would call for
interference of this Court. The law provides that issues can be
framed and re-cast at any stage of the suit. As such, there is no
failure of justice to the petitioners in case this Court does not
interfere with the impugned order, at this stage.
7. Hence, the petition stands rejected.
The Plaintiffs filed Writ Petition against an impugned Order against the Trial Court for refusing to frame all issues, to frame proper issues and correct defective issues framed. The Petition was rejected by the High Court without properly examining the contents of the Writ Petition and by further stating that - The Law provides that Issues can be framed and recast at any stage of the suit and that the Court does not interfere with the impugned order at this stage. Does this mean that at the time of proving the issues framed by the court the Plaintiffs can raise objection against faulty issues and seek framing of all issues not framed? Or should the Plaintiffs move another application for framing of issues before the trial commences?
AMIT KUMAR
21 July 2018 at 14:54
My wife and I own a flat in joint name. We live separately and she is occupying the said flat. We are thinking of divorce due to incompatibility. I have a lot of items in that flat which is mine and i didnt take at the time of leaving the house. Now her parents and family members have occupied the flat and they donot allow me to enter the flat and take my stuff. Can i get possession of 50% share by any means??
Naveen
21 July 2018 at 12:40
I have OBC from Haryana
Now i want to apply in Delhi
Can i get it cancelled from Haryana
Shriharimathad
21 July 2018 at 10:55
Respected sir
I am interested to purchase agricultural land in my wife's name my wife's brother is a agriculturist and he has a pahni can I purchase the agricultural land
b B Raju
21 July 2018 at 09:15
I have given 3lakhs as an advance to a person who is having a flat as his owner share in semi finished appartment. At the time of booking the flat is in final stage of completion. The plumbing work has not been completed. After a month when i visited the site to see the progress of work to my utter surprise I noticed the drinage work was designed from the inside of my bath room which is highly irregular. I afraid that any leakage from the top floor will spoil my bathroom. I objected for the same and decided to cancel my booking and informed to him. For refund of my advance money he is not showing any interest. Hence i have decided to file money recovery suite against him. As he is a stranger and i may not be in a position to recover the amount at the end in spite of the decree can i now along with the suit file a petition and insist for security deposit from the defendent in the court
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Exparty vacate & sppedy trial
1)An eviction suit was filed in 2007 by landlady.
2)Case run till 2012 fine.
3)Land lady absent case from 2012-2016 (Health problem ,several operation, document submitted).
4)Opponent got ex party , till date order and the judgement is pending.
5)Land lord appear from 2016 to contest the case.
6)Till 2016 , 6 date judge is absent.4 put up date given ,but till judge is absent on hearing date.
7)Landlady is of 80.She want to see judgment in her lifetime.
8)Landlady has lost original tenancy agreement, she has xerox of the tenancy agreement.
My Question is
1)While Ex party is towards tenant and landlady appear for 2 years to contest but no hearing done by judge.Can land lady move to high court for speedy trial and vacate the exparty ?
2)Landlady has lost original tenancy agreement, she has xerox.Will there be any problem ?
If 'Yes', please suggest what to do.
3)Landlady is of 80, can she ask speedy trial in high court , her application can be rejected ?