Anonymous
18 February 2011 at 20:19
My father has some property in Kerala which is been encroached by his brother. Our property lies behind my uncles property so he has made gates so we cannot enter ours and a part of his building stands in our land. Since my father is no more, I ( living in US) and my mother (living in kerala) have filed a case against my uncle in end of 2008. My uncle is trying to delay the case as much as possible as he thinks that one day we will be fed and give up the case.
The comissioner had visited the property and wrote in our favor. But then my uncle filed requesting a second comissioner. But the court resend the earlier comissioner and the report is again in our favour and mentions he had made constructions in our land. The court is set for trial next month and my mother is called to give evidence
1)My question is as per the second report can we prosecute my Uncle.
2)If we prosecute him can he counter file against us.
3) As an NRI what will be the consequences.
Any help and insight willbe useful.
Anonymous
18 February 2011 at 19:55
Dear Experts please answer my query,
Suit was decreed against the defendant and ordered for delivery of possession, but no prayer and order for means-profit,
1.Can the plaintiff claim means-profit by filing another suit?.
2.Can means profit claimable on property by which the defendant did not made any profit?
Thanks in advance.
ASHOK KUMAR SOMANI
18 February 2011 at 16:25
I HAVE PURCHASED A DDA PLOT FROM THE ACTUAL ALLOTTEE AND IN THE SAID PROCESS THE REQUIRED MONEY WAS ALSO DEPOSITED FROM MY ACCOUNT CHEQUES TO DDA. I ALSO BOUGHT STAMP PAPERS REQUIRED TO TRANSFER THE SAID PLOT.BUT THE ALLOTTEE PAY NO HEED TO EXECUTE THE PROCEES AND THE MAIN ALLOTEE MALAFIDLY WRITE SEVERAL LETTERS TO DDA MENTIONING THAT HE DID NOT SELL THIS PLOT TO ANY ONE TO STOP ME TO CONSTRUCT.NOW THE MAIN ALLOTTEE DIED LEAVING BEHIND A WILL AND HIS LEGAL HEIRS FILE A PROBATE PETITION. PLZ SUGGEST HOW COULD I SAVE MY RIGHT ON THE PLOT ALSO IF THERE IS ANY CITATION THEN PLEASE LET ME KNOW.
J.D.S Sareen
18 February 2011 at 14:58
Proposition:-
Plaintiff has filed a civil suit and arrayed three defendants belonging to same
Department.
Defendant No.1 has been arrayed in official capacity i.e through. Secretary etc, who
also signed the written statement on behalf of defendant No.1
Now the plaintiff has summoned the said secretary who signed the w/s by, name as
his own witness
Query is:-
Whether the plaintiff can summon the defendant No.1 by name, as his own
Witness(plaintiffs witness)?
Anonymous
18 February 2011 at 14:26
A opened a saving account in a bank and nominated his wife B. Later a died and B claims for the amount. The Bank asked for succession certificate as amount is more than one lack.
While the deceased had filed nomination in favour of his wife, succession certificate from the competent court is required or not
Please advise.
Thanks,
B.S,Bhatnagar
Anonymous
18 February 2011 at 12:51
Sir,
I filed a contempt case against the ACP (TP) and the Zonal Commissoner of GHMC for not acting on the orders of the Honourable High Court of AP for stopping further construction of an unauthorized constructon being made in the common area of our apartment.
The ACP (TP) who has also represented the Zonal Commissioner, in his counter affadavit filed in reply to the conempt case before the Honourable High Court of AP sateted that the open balony where the illegal construction is carried is only by the party who has been constructing the structure and nobody in the apartment including the peitioner is using the same.
My question is, how can the ACP (TP) tell who is using which part of the common area in the flats? Even if one does not use a particuar portion of the common area, do the other residents loose their right to it?
He also stated after reciving the complaint from some of the residents it issued a notice under section 452 of HMC act,1955 to the party on 9-2-2010 for stopping the iternal construction work i.e., closing of open balcony even prior to the orders ofthe Honurable High Court of AP on 5th March 2010 and stopped the construction.
The party applied for regulariastion of the construction made by them on 4th March 2010 wich was rejected by the Corporation.
The ACP (TP) has mislead the Honourable High Court by stating that they have stopped constrution after issuing the party a notice 0n 9-2-2010.
I have been continously reminding them that the construction is still being carried out vide letters addressed to the ACP (TP), Deputy Commissioner and the Zonal commissioner, but they ignored them, but in the counter affadavit stated that they have stopped the construction.
Should these discrepancy in the counter affadavit brought to the notice of the High Court?
He also stated that as the regularisation was rejected the Corporation shall take immedaiate steps for demolition of the unauthorised structure. This was on 5th July 2010 and it is not done so far as the pary has taken a status quo from 3rd Additional Chief Judge, City Civil Courts.
The status quo has not been vacated yet.
ravi
18 February 2011 at 11:05
two brother which remains separate , one of them "younger" remains with his father and second one "elder" remains with his spouse, they have a house which is earned by father which is in "red line area"
and father have possession over it, but now father wants to sell the house to third party, and a agreement between father and third party has been written, but registry remains pending, father does not wish to give the share to his elder son. now the question is that can elder son challenge the property or his share if yes can he challenge before registry ? ..... pls reply
Anonymous
18 February 2011 at 11:01
From which court to get stay on execution of an Interim order and Who has powers to grant stay on execution of Order?
Can I go to same the district Civil Court which passed the Order?
Can I directly go to Principle Court in District Court?
Should I go to Bomaby High Court(Civil)?
Which option has more probability of stay being granted?
Can I ask at least 'some more time'?
Which kind of plea/reasons is generally accepted to obtain stay?
Also We want want to challenge the order, the Order says that 90 days given to pay the dues.
Without paying money in surety can't we challenge the order? Order is passed to pay the dues, if I can't pay money can I just give any undertaking like personal bank guaranty?
Anonymous
18 February 2011 at 10:53
if one man having ancestral property or self earned property, if he wish to transfer above said property through will to some one, the man having 2 sons, 2 daughters, wife, and dad, mom also. now is it possible to transfer as he like ? or any procedure there ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Civil Procedure
The Plaintiff has filed a Regular Civil Suit Affidavit with Application for Injunction and Affidavit against Defendants. The Injunction seeking certain reliefs restraining the defendants adopting aggressive, threatening, using vulgar and abusive language approaches by the Agents. The defendants argued the injunction application to the limited purpose. But the defendants stated in the trial court he wanted to argue Injunction. The Plaintiff stated that he has argued only to the Injunction and not on the Suit. But the Defendant argued both the Injunction and Suit.
What is the procedure? is it admissible under the point of law ? What is the remedy if the judgment and order is against the Plaintiff?