vinay jalwal
27 February 2013 at 17:15
hello sir i m vinay and i m going through a dispute on land size, between me and my friend he says the land size is 19 and i say it is 20. he know the faculties in nagar nigam and applied for patta of size 19 so now i want to renew it need ur help plz give me the details of using the law against wrong issued patta of land.
Ramesh Bolla
27 February 2013 at 15:33
Is there a provision in law to get the employment details of spouse to fight 498A, DV and maintenance cases? if yes, please let me know
Charanjit Singh
27 February 2013 at 11:30
I have won property case in 2012 from Hon SC aginst the partner / tenant on the basis of Decree passed in 2006 by Civil Judge. Kindly let me know whether before execution of decree can I apply for modification of decree under section 151 of CPC as one tresspasser in collusion is not vacating certain portion of corner of my shop ( 4ft X 2ft) , in the court where my RD is pending. This tresspsser have already filed on RCS in the court & could not ger Temp injunction from Jr Divn. His appeal has been dismissed recently by ADJ ( Sr Divn) also.
cchs1962
27 February 2013 at 11:09
Can ESMA be applied during the pendency of suit when the court has pronounced stay on for the disputed plot?
Prakash
27 February 2013 at 11:06
Dear Sir,
Kindly refere my below case and guide me that, Can I file a case in the court with confident.
I purchased a land which has access from a prperty belongs to other party and which is also used by the other house owners (3 Houses) as kaccha raod.
Afetr completion of mutation and other formalities I ve started construction of house. After completion of foundation the owner of the land (other part which we are trespassing) complained in muncipality and put a stay. The complain is that, I dont have road access to my house and to cancel my construction license.
The construction was closed up to 2 months then he aproached me to buy his land, So at that point of time he made an agreement with the following points and I paid him 20% of total Amount on his demand.
1. I will buy his land exactaly after six months of date of contract.
2.I agree that there is no road exist in his property.
3.I will pay him full amount at the time of Sale deed.
4. If i fail to pay the advance will be forefeited.
5. He will not allow to pass from his property.
Now my house is fully constructed and ready BUt the question is that to buy the land which I made contract or file a suit against him, There is also one house in his property, also mentioned on I & XIV for as owner of the house.
For him he is deductin only 172 SQ Meter and remaing plot figure he is asking me to buy.
So please guide me wheather I can file a suit or purchase the land and distribute for the road purpose and that exiting house owner.
I will be in terrible loss ......... Please guide
vinodkumar
26 February 2013 at 21:22
i have my own house which is i purchase in my name, i m leaving in it since i purchace it in 1991 , in year 2010 my realitve like my son's brother in law and his wife[sister in law] make my ownership house forgery sale deed which is in their name and also make rent agreement of the same date same my ownership house, and file a HRP suit against my son who is leaving with me in my house since 1991, for get vacate possession of the my house, in that HRP SUIT they not join me as party although i m in the possession and real and actual owner of the property, now the HRP suit mater is on evidence stage and during this I file a suit for declartion and cancellation sale deed which is made forgerely, i also apply for a panchnama and cort commisssion and it is done compelete by the commissiosner, my query is that the HRP suit is now in judgement stage, and my suti is now in begening stage so what is leagle remedy for me it this situtation ? any pendency stay application is preferable? if yes than which court has a jurisdiction for it? or any other remedy?
basavaraj shiromani
26 February 2013 at 21:00
application under Order 39 Rule 1 and 2 filed before trial court was dismissed. the appellant filed appeal before the Higher court to get exparte temporary injunction order, but caveat was pending.
Are there any rulings or judgments in support that even during pending caveat also exparte interim order can be passed.
Ashok Kuvadia
26 February 2013 at 18:36
Dear Experts,
CAN INTERIM ORDER BE CONSIDERED A DECREE :
01) I have filed a Dispute at Co-operative Court, appearing in person.
02) I have filed my examination-in-chief, I get cross examined by Opponent, I called my witness and closed my evidence by filing pursis.
03) Opponent filed his Affidavit of evidence.
04) But before commencement of Cross of Opponent, I moved an Application to take ADDITIONAL EVIDENCE on record (please be noted this is after closing my evidence).
05) Ld. Trial Court reject my application holding that since I have already closed my evidence, additional evidence cannot be taken on record.
06) I moved an Appeal against Order to Appellate Court. Wherein one of my contentions is based on Ordet-41, Rule-27 of CPC.
In O-41, R-27 (1) (a) it has mentioned that--
"Production of additional evidence in Appellate Court— (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if—(a) the Court from whose DECREE the appeal is preferred has refused to admit evidence which ought to have been admitted, or ………
MY QUERY :
(1) Can the Order passed by Ld. Trial Court, below my application for taking additional evidence on record, be considered as DECREE or only final Order/Judgment is considered as Decree ?
(2) As I have challenge the Order of Ld. Trial Court to Appeal, Can I invoke O-41, R-27 of CPC in Appeal at this stage when final argument and FINAL DECREE is yet to be delivered ?
(3) Is it so that O-41, R-27 of CPC is only applicable after FINAL DECREE is passed ?
Note : My query is for limited purpose only, to know meaning of DECREE & its applicability in my situation, therefore not detailed whole matter.
Regards,
Ashok.
Rucha Pawar
26 February 2013 at 16:41
Sirs'
please guide me on the limitation period for filing Execution proceeding, after the date of Decree.our decree passed on 29/02/2000 and Execution Proceeding filed on 13.09.2000, but as no follow up has been done it was pending.so can i renew or what will be the solution now.
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