S. Fernandes
14 October 2013 at 22:33
Dear Sir/Mam,
In these execution prodeedings I have attached a property R54 of O21.
Third Party has filled objection under R58.
His Cause Title reads as follows:
Salu Fernandes............... JC
v/s
Mathew Fernandes ......... JD
Sushant Natekar .......... Objector.
Is this correct????
Is it not the case that I must appear as a defendantin this application. Just as a counter claim in a suit? Original Plaintiff becomes defendant??
So should it not read as:
Sushant Natekar ............ Objector
v/s
Salu Fernandes .............. JC
Is it not important that I appear as defendant so that I can asail his claim under sec 53 TPA, without representing all creditors???
Your advise will be greatly appreciated
Thanks
Rajini Sunderraj
14 October 2013 at 21:04
Sirs Good evening.
A case of injuction was allowed against the owners for non-interference.
An appeal subsequently by owners(Def in O.S) was dismissed by the CJ court.
The allegations against owners(def) in O.S was not proved but injuction was made permanent.
The Pet(tenant) in O.S has filed several documents which have been forged and brought up. It is substantiated by doc evidence. not one of the allegations was proved in the suit, which is sad as we were on the loosing side.
Now can i file a WP in HC squashing the same, can i contemplate eviction and deposition of rents pending for several years in the same WP as the tenants are resorting to illegal and anti social works in our premises.
Or kindly suggest best legal course apart from eviction suit....
In keen anticipation for a quick and valuable advice.
Thanks Sirs.
Naresh kumar Gowd
14 October 2013 at 16:56
Sir
My name is Naresh, I am from ap. Sir in the district court We had a land case and we won the case.after that the other party has applied for high court and we got a notice that Both the parties shall maintain status quo with regard to suit schedule property as appellants are concerned.sir what is the meaning for this notice.our advocates are saying that we are in possession of the land from before so we can cultivate the land.Is it correct.sir please give exact meaning of status quo.
Anonymous
14 October 2013 at 16:54
Sir
My name is Naresh, I am Ap. Sir in the district court I had a land case and we won the case.after that the other party has applied for high court and we got a notice that Both the parties shall maintain status quo with regard to suit schedule property as appellants are concerned.sir what is the meaning for this notice.our advocates are saying that we are in possession of the land from before so we can cultivate the land.Is it correct.sir please give exact meaning of status quo.
Nayan
14 October 2013 at 14:29
When I was 5 yrs old, my mother died and my father married to some another woman after that. We are two sons from old mother and my new mother has 3 sons. Now before death my father did a WILL in favor of his new wife and her sons. Major portion of the land came to my father from my grand father. And some land my father bought from the income generated from ancestral property only.
Now we 2 sons of old mother has any right on that Property?
Does WILL stand valid in this case?
Dr C Suresh
13 October 2013 at 20:44
My attorney had filed additional documents in DRAT along with memo instead of Petition. The chairperson took it on record and the other side filed its counter memo.Is it a problem ? Can additional documents be filed only with petition ? If yes then under what provision ?
Yamalapalli Haribob
13 October 2013 at 18:50
whether agreement of sale can be ammended to rectify the boundries in a suit for specific prrformance which is pendind.
Advocat R.Ramesh
13 October 2013 at 17:00
Its my humble request to the friends of the legal fraternity to help me in getting and instant justice for the problem created by a MNC bank having violated all laws thus having a nexus with the builder.
A as a borrower on recommendation from the MNC Bank, M, enters into a builders agreement with B, the builder during April 2006 for a flat to be constructed in the heart of the chennai city now its a posh locality and after completing all formalities and after interalia depositing the documents wiz sale deed of the uds and the builders agreement for which M refuses to issue an acknowledgment citing the bank policy, in writing, through a clarification sought by A, pays the full amount to the B in absence of A by not following the builders agreement. A starts his EMI from May 2006 and B gets permission from CMDA only during July 2007 thereby starting and completes it only in March 2008. The EMI of A was regular and after completion before handing over the possession the B insists the A to resale the flat as B had committed to a family of the political party and has to oblige but A refuses to concede the request whereby B orally threatens A that the possession will not be given and A issues a statutory notice to B and after the receipt of the statutory notice of A to B, M issues a communication in writing in May 2008 addressed to B, not to hand over the possession as A had not deposited the title deed ie the uds sale deed of the flat. A moves the state consumer forum and against the B & M and the fact is the case is still pending till today and now it is in the stage of arguments after all sorts of round.During Feb 2010 when the EMI of the A has been regularly honored M, takes the possession of the flat without a statutory notice to A and A after not being heard by anybody including the ombudsman stops the EMI with a clear information to M. M during the month of Nov2010 recalls the loan amount and A replies that he is willing to settle the amount provided the flat is handed over the A, there is not reply or any action on the reply of A and during July 2010 M issues a SARFAESI notice to which A on his reply accepts the notice amount and willing to settle provided the M handed over the possession, still there was no reply or action of this time also. M moves DRT under OA during OCt 2012 and A files an IA's in Feb 2013, one praying to cross examine the bank and the other willing to deposit the full amount as per the OA with a prayer to hand over the possession.The court allows the petition of cross examination and the petition to deposit the amount is reserved for order till today. The cross examination is going on and the bank had dragging the questioning by asking often adjournment in the pretext of referring the files in the bnak. Meanwhile yesterday the Bank M had taken a symbolic paper possession of the flat which are in their custody by affixing the notice on the door of the flat.
I need your suggestion how to get an quick justice to ensure that A gets his possession.
Srimadhavi
13 October 2013 at 09:27
I was told by some one that girls born after 1981 only are eligible for fathers property. Is it correct?
Is there any time limit to claim my share after my fathers death?
Regards
Madhavi
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Declaration suit
In declaration suit all the interested persons should be added. Pl give citations in this point.