poobh
12 December 2013 at 13:06
I have been trying to find out the right way if anyone can guide me regarding a legal case where the judgement debtor who had availed loan from ksfc and defaulted with dues sold his residential property to my father in 2004 august with sale deed, and sale agreement dated july 2004, but order had been passed by tumkur court for temporary injunction on june 2004 without our knowledge. With original documents in our possession, ksfc recently coming for inspection prior to attachment after 9 yrs was shocking.The property has still not been attached. Please guide me as to how to proceed? and also if any other property in name of judgement debtor or wifes name can be attached and our property can deattached for no fault on our side.
amit jain
12 December 2013 at 11:27
Sir,
I would like to seek an expert opinion.
I have took ground floor of a house from the one brother who took this floor form his elder brother in 2003.
I have re-constructed my independent floor and shifted with family in 2004.
I don’t have any problem with any of our neighbors (Adjoining), Except family of this another brother residing at second floor. This family members are creating nuisances. By his Son 18.2 year old, Daughter 14 years and wife.
• They are disposing the drainage water and put their cloth for dry on the balcony walls from the top (second floor) to the front and back yard of the street, upon our car park outside our gate and cloths lying on the back yard.
• These family members are habitual to make false allegation or frame misleading complaints to the authorities such as false blames of sexual harassment/assault and eve teasing to female members of Malik’s family, child abusing & physical assault etc. These families are used to threaten us to get ready to hold behind the bar and openly claiming that they will do like that only and they don’t bother for any complaint as “Police and other authority will only support them”. I have made complaint to Local police station, personally mat with SHO but no action taken till date.
• This family always start fighting with lowest degree of abusive language whenever any guest or utility service provider i.e. Dhobi, Paper vendor, Sweeper, Car Washer, gas delivery man, courier agent, postman etc. knocks the door or passes thru the road or stand in front of this house from their balcony.
• This family members hit our main gallery door and entrance door adjoining to the staircase and close these gates very loudly whenever they passes thru the gallery. They always try to destroy and break these doors from outside, and use very abusive language whenever we protest the same.
• Entire family members often play loud music which causes disturbance to all members nearby and resident of ground floor for whole day. We have personally request number of time to keep it low but in vain.
• I have already installed the CCTV in front of my house but there is no terror of any recording by the family.
• This family says that they are the first and actual owner of the house so that we have to follow this family and live as they want.
One time in 2011 entire block visited to local police station to file the complaint and two to three time since 2011 to 2013 I personally file a complaint against this family but no action taken by the police station.
Please let me know if there is any solution for the same. I do not want to put any case in the court because I could not take leave from my office.
I would like to have an expert lawyer opinion. Thanks
Sachin
12 December 2013 at 09:51
Respected All,
I am defendant in a civil case and filed my written statement along with affidavit, the 1st preliminary objection of my WS is “ The present plaint is liable to be rejected under order VII Rule 11 of CPC” and thereafter in all the paras of my preliminary objections of my WS it is mentioned that “Suite is liable to be Rejected” instead of “Suite is liable to be Dismissed” when this came to my knowledge I ask my Counsel regarding this he says that his junior has made this mistake, however he told me that nothing to worry as in prayer para of my WS prayer for rejection of suite and prayer of dismissal of suite both are their in sub para 1 & sub para 2 of the prayer para.
After searching various legal website I came to know that plaint and suit is not the same thing and Plaint can only be rejected under Order 7 Rule 11 with too by moving the application before the Hon’ble Court and suit is liable to be dismissed after Trial.
My defense is so strong with documentary evidences that I will definitely win the case but for the above mentioned I am in worry and as you all are legal experts, I here by prayed before you all to please guide me what can I do for next. At present issues has been framed and the case is adjourned for plaintiff evidence.
With Regards
Joseph Vincent
11 December 2013 at 20:49
Dear Advocate,
I'm looking for very BEST BEST BEST civil lawers to give pull stop my civil case.
do you know any one from madurai high court..who is very very knowledgeable and strong capacity to close civil case very properly in short time.. becasue we are worried lot with current advocate...
my cell number is 07829869682
Joseph Vincent
11 December 2013 at 20:24
Dear Advocates,
I have civil land case in madurai high court.
my opposite is gone for second appeal..
my question is -> if second appeal judegement is not favour to my opposite party... will my opposite party has rights to go for further case in madurai high court itself? or next he should go for suprim court.
Please explain.
Joseph Vincent
11 December 2013 at 20:09
Dear Advocates,
when civil case is pending in madurai high court, my opposite party illigally registering land in register office...
is there any way to stop that from madurai high court? If yes, what are all the steps should be followed in detail?
Net
11 December 2013 at 18:08
Hello Respected sir/ Madam
I purchased a revenue land in 1980 , My neighbor also purchased in the same year. Both our sites is located at the end of the layout, at the end is a nala. Between both the sites, there was a vacant position of 500 sft. With mutual agreement, my neighbor proposed to me that is should buy that small and attach to my site. So i approached the land owner and did the same. In 1988, my neighbor approached me for a small portion from site to construct his staircase. I agreed and executed a sale agreement. but after measuring and found that he had occupied extra than we both agreed for. so hence did not get the land registered. and so he approached the court and the case was filed, the case came in to favor of me. and he had to return the land to me. However he filed for an RFA in the high court. Meanwhile the layout was taken over under the limits of BDA in th year 2005. My neighbor approached the BDA court and filed for a case stating that extra space between bot our lands is a road. and BDA court passed an judgement for khatha cancellation and we have filed for a status co maintenance in the high court. Now my neighbor has a erected a board on his property pointing towards ours that our property is illegal and trespassers will be prosecuted.
My question is
1- Since both the cases are in the court, Is the displayed board legal. as i have checked with respective authorities and found that no one has given him the permission or authorization. who and ow do i approach to remove the
2ndly, he has broken a portion of the wall running between the 2 proprieties, Can he do that while the case is still in the court.
Kindly advise
RAJESH KUMAR
11 December 2013 at 17:46
Sir,
A industrial plot was allotted to a partnership M/s S. M. Papers Product with partners (i) Sham Lal 50% and (ii) Randhir Singh 50% by the Authority and conveyance deed was executed in favour of said partnership firm. Thereafter one of the partner Sh. Sham Lal has retired from partnership and a retirement-cum-dissolution deed was executed, the retiring partner transferred all his rights in favour of the remaining partner i.e. Randhir Singh resulting the remaining partner become the absolute owner of 100% share in the partnership firm.
Consequent upon dissolution of firm, Sh. Randhir Singh informed the Authority that he has promoted a proprietorship firm in name & style of M/s S. M. Papers Products and requested the Authority to change the constitution from Partnership to Proprietorship firm.
Now the question is arise that:
1 Authority can allowed change in constitution in favour of Proprietorship firm (from Partnership to Proprietership firm the name )
2. A Sale deed is required in favour of M/s S. M. Papers Products (Proprietorship firm) through M/s S. M. Papers Products (partnership firm)
3. Or suggest any other procedure for transfer of plot in favour of proprietorship M/s S. M. Papers Products Prop. Sh. Randhir Singh
Anjali Arya
11 December 2013 at 16:20
I have a Decree in my favor passed in a Injunction Suit directing JD (who was a licensee) to vacate Suit Property and hand over the Keys to me. Failing which Decree Holder can Evict him through Execution.
Property is in Delhi.
My counsel says that
1. Warrant for Possession cannot be issued in a Decree passed in a Suit for Injunction. (as Full Bench Judgment of Delhi HC says so)
2. Being a Licensor I am already in Possession of the Property. Hence no need of Warrant of Possession.
3. Court will evict JD and I will have to occupy Suit premises immediately.
----------------
But I have some doubts :-
Q 1. Whether it is a Decree for Possession passed in a Suit for Injunction ?
Q 2. Whether I can get Warrant for Possession in this Decree ?
Q 3. Whether Court can handover Keys to me after evicting JD ?
Any other useful advice is also solicited.
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Execution proceeding
sir,
plaintiff filed a suit for declaration of title and recovery of possession against two defendants. The first defendant is the vendor of plaintiff, where the plaintiff purchased the suit land from defendant No.1. under registered sale deed.The defendant No.2. contested the case and filed written statement stating that he & his brother both have purchased the suit land from the defendant No.1. under one document, and in revenue records the name of defendant No.2. and his brother was got entered. after full fledged trial the suit was decreed. Now the defendant No.2 was died, and how the plaintiff will recovery the suit land and from whom, and one more thing is that the brother of defendant No.2. was not party to the suit, and how the suit land can be recover from the brother of defendant No.2. by plaintiff, how he will execute the decree please suggest me, with case laws.
thanking you sir.