Balaji Bakthavathsal
10 November 2017 at 12:18
An old lady made an illegal gift settlement of a property to her son to which she is not the absolute owner. The old lady’s daughter who was jealous of the gift settlement, filed a false suit in the lower court challenging the gift settlement and seeking partition of the property stating that it is her ancestors property. Actually the persons are total strangers and no way related to the family or the property. The suit filed in the lower court did not include the genuine legal heirs who are in possession and occupation of the suit property. When the genuine legal heirs came to know about the false litigation, they immediately impleaded themselves in the suit and the suit was dragged for seven long years. Except the genuine legal heirs, all other respondents have been declared ex-parte and now the suit has come to trail stage. The plaintiff has been cross examined and it has come to notice beyond any doubt that the plaintiff is lying and the suit is a false and frivolous one. The witness brought by the plaintiff who is yet to cross examined but blabbered in his statement contradicting the statement of the plaintiff. It is pertinent to state that the genuine legal heirs already filed a suit on the very same property and got a permanent injunction against the plaintiff and others. The question is, at this point
1) Can the impleaded respondents, being the genuine legal heirs to the property who are in possession and occupation, plead the judge to stop further proceeding and deliver the judgment ending further process ? If yes, I request you to provide appropriate citation of similar case.
2) Can we seek a direction from the judge restricting the plaintiff for further appeal to next appellate court by the plaintiff, this being a bogus and false litigation? If yes, I request you to provide appropriate citation of similar case.
Thanking you,
B.Balaji
Member (Account Deleted)
10 November 2017 at 10:15
Dear sir,
i have filed one summary suit before the hon'ble ahmedabad city civil court and according to the order 37 provision summons has been duly served to the respondents but he failed to appeared before the court with in a 10 days so i have filed ex-party application in the court during the ex-party hearing court raised the question that present suit is barred by the limitation but matter of the fact is last goods supplied on 20/08/2014 and i have filed the suit on 18/08/17 further i have claimed for those invoices which was supplied on 14/04/2014.so on the basis of last goods supplied date 20/08/2014 considerable for the limitation or not?please advice and if possible then kindly provide me citation for the same.
thank you so much
Jiten ahuja
advocate.
Kumar reddy
09 November 2017 at 13:42
Sir,
There are 3 sons and 1 daughter for my grand mother,my father is 3rd son. he is working in abroad.
my grand father expired about 23 years ago,there after my grand mother is staying in our home along with my mother, and other two sons left their mother after her husband expired, she owns a property of 1.5 acres ,which she wrote a settlement deed to my father in 1990,Recently 5 months ago her 2nd son took my grand mother to his home and they forced her to cancel the settlement deed without asking my father.now they are planning to occupy the 1.5 acres.
what can i do ,please help me sir.
BHARTI KOTHARI
08 November 2017 at 23:43
Hii I filled suit for damages however it is my specific case that certain document are in exclusive possession of defendant and now i have to request the court to ask him produce those document before court. How i can do.
Anonymous
08 November 2017 at 23:28
If original deed of is lost what should we do
sandeep kumar
08 November 2017 at 23:26
we filed a writ petition in bombay high court in service case orginal side as per cmis date our hearing will be on 10 jan 2018 but our is very urgent case we want our hearing should be done early can we take it on supllementry board if yes then how our advocate is not cooperating us sometimes he say court will penalise us 40 lakh if take on urgent mention sometimes he say judge is not good sometimes he says court will not admit our case for 5 years what is going on i dont know plz help me urgent
Protima Venugopal
08 November 2017 at 22:37
Hi,
Can smbody ans me the below mentioned query
If B (married)& C (unmarried) are the legal heirs /survivors of A
Will both B & C get equal rights of inheritance of tenancy
Or only C because B is married now
ad
08 November 2017 at 22:20
Please the rules and process of bombay civil court for certified copy by post.
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Notice wrongly address by the Nagarpalika as well as neighbo
Dear sir, My grandmother own a open land near to Mr. Rathod who is a retired Govt. Officer. That open plot is let it to one widow having 5 daughters by my grandmother(alive) on free of rent. Now Mr. R intentionally just for harrasing issue a notice addressing to my father as well as Nagarpalika saying that open plot is not maintain by the widow etc... infact that plot is not in the name of my father, plot is in cleanly order, even nagarpalika issue a notice to my father to clean the plot it shows that influence of Mr. R on nagarpalika. What remedies we have? Pls suggest. Thanks