Anthony Cyril
14 March 2017 at 11:18
Dear Sir,
I belongs to christian community my father has joint family property 1/11th share the trial court & appeal in district court has given decree favour of my father and the FDP suit pending in town court. but defendants sold whole property to third party including my father share. now what shall we do? need to file separate suit for cancel deed or can merge with FDP case itself. and what is the next procedure please suggest me.
1. can i take injunction order against the sold property.
2. how could we protect my father share.
3. if we start separate suit for cancellation of sale deed how long it takes to complete?
4. i given complaint in police station against defendants for suit pending in court the property sold to third party.
5. is there any advantages available for Senior Citizen & Physically disabled person in court case.
Please guide me and i am waiting for your valuable suggestions.
Adv B.B.Gambhir #9814820602
13 March 2017 at 20:22
an application under order 6 rule 17 cpc dismissed by trial court. the opposite party did not go in writ before hon'ble high court and later on the suit of the opposite party also dismissed. the opposite party filed appeal and application under order 6 rule 17 cpc by mentioning similar grounds.
under which law, the said application is maintainable?
Advocat R.Ramesh
13 March 2017 at 14:58
Sir, Wish you all a happy Holiday.
I need a clarification as follows.
The builder had entered into a builder's agreement during April 2006 and was to be completed by Dec 2007 as per agreement.The payment for the flat was realised till 7.11.2007 and the last payment was disbursed by way of a cheque dated 26.11.2007 through registered post. Since the builder had not completed the flat and not delivered, the SCDRC was moved during June 2008 by duly serving the legal notice on 19.4.2008. The builder used all the tactics in dragging the proceedings and later he was set exparte which he moved NDRF at Delhi and his petition was allowed with heavy penalty i e in May 2013.Now while filling his version in July 2013, he is claiming the last payment which was paid by cheque on 27.11.2007 through RPAD. Till 2013 there was no reminder nor notice nor any communication for the said payment. Now the builder is demanding it through SCDRC and the advocates commissioner report gives the proof of non completion of the property. My query is whether the law of limitations for recovery of money is violated or not.
veerander
13 March 2017 at 09:21
what is the time limit to file execution in arbitator award passed.
incase if the award been passed at delhi can i file directy execurtion in ambala court ior i have to file first at delhi juridiction that request to the court to tranfer the said abritaro award at ambala where the immoveable properrty of defendend is lying.
mahendrakumar
12 March 2017 at 14:58
is it necessary to give a legal notice under cpc80,before filing a contempt petition against govt of india,for not implementing an order/judgment of SC.
or we can straight away file the contempt.In a judgment of pension matters of exserviceman,the court ordered the implementation with in 90 days. The period of 90 days is over as on 31 jan 2017.
Divya
11 March 2017 at 19:45
Respected experts
Plaintiff has obtained a decree in summary suit for money.. Some external compromise of plaintiff happened with 3rd party. As per which plaintiff in writing made undertakings that he shall give 3Rd party 50% ownership in summary suit and in decree..
Now the plaintiff and his advocates have backed off. They have told 3Rd party that their name cannot be added in suit and decree. Entire compromise conditions breached by plaintiff and advocate. Many litigations were already Withdrawn against plaintiff by 3rd party on account of compromise..
But third party is now denied 50% ownership in suit and decree.. Court where decree is obtained at Bombay says that court will not touch suit decree.
Can a fresh compromise mou be filed in court where any compromise terms of plaintiff and third party be recorded by court on account of which court passes a compromise decree in money decree. Compromise MOU is that third party to protect their interests in suit and decree can appear as power of attorney holder.. can the court after passing money decree make a compromise decree on the basis of a joint compromise MOU.
Third party has filed a miscellaneous application in summary suit for ownership Un suit and decree.. Can plaintiff with decree holder make a new compromise and if that can be turned into a compromise decree. Above money decree..
Pls guide best course of action
Thankyou
Divya
11 March 2017 at 19:18
Respected experts
Plaintiff has obtained a decree in summary suit for money.. Some external compromise of plaintiff happened with 3rd party. As per which plaintiff in writing made undertakings that he shall give 3Rd party 50% ownership in summary suit and in decree..
Now the plaintiff and his advocates have backed off. They have told 3Rd party that their name cannot be added in suit and decree. Entire compromise conditions breached by plaintiff and advocate. Many litigations were already Withdrawn against plaintiff by 3rd party on account of compromise..
But third party is now denied 50% ownership in suit and decree.. Court where decree is obtained at Bombay says that court will not touch suit decree.
Can a fresh compromise mou be filed in court where any compromise terms of plaintiff and third party be recorded by court on account of which court passes a compromise decree in money decree.
Third party has filed a miscellaneous application in summary suit for ownership Un suit and decree.. Can plaintiff with decree holder make a new compromise and if that can be turned into a compromise decree. Above money decree..
Pls guide best course of action
Thankyou
Prosun bepari
11 March 2017 at 15:40
Being mentally harrased by neighbour who has been appointed as a caretaker of the building. He has also opened an NGO in the building without any permission and an ashram. When objected he locked the terrace of the building and took control of the water supply. He using authority on all the residents and threatening. Have tried lodging complain with police but they took no action. Kindly advice
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E P
The plaintiff did not filed a E P within the limitations of 12 years of getting a original decree. And this event which is the ruling applicable for condonation of delay.