Anonymous
09 February 2011 at 11:29
Please suggest a provision in Civil Procedure Code for obtaining deposited amount return in the execution proceedings as the case is in appeal before the high court.
Anonymous
09 February 2011 at 10:24
I am a retired senior citizen and need to file Execution Application in the City Civil Court at Dindoshi as defendants are not allowing the order passed in the year 2009 under consent term by the court. I am told I can file application directly and need a approved format for the same or will apply through a reasonable lawyer. The order is already passed in 2009 and none of them have challanged it. Pl. help.
Anonymous
09 February 2011 at 10:22
Dear Learned Experts,
We live in Hyderabad.
I've purchased an apartment in Vizag (A.P.) in 2006 in my mother's name (my mother passed away in 2008). My mother in law has been living in that apartment ever since it was purchased, without paying any rent. We don't have any rental agreement since we just let her live there for free just based on family relations/goodwill.
In addition, I've been regularly sending her money once a month for her personal maintenance, and also separate amounts for paying property taxes, etc.
However, about a year ago, we've discovered recently that she has involved in some serious moral controversy that's still under trial in a separate criminal case, due to which she spoiled her relationship with her entire family (my side as well as my wife's side, my wife and all her relatives including my MIL's own mother support us morally).
So, we asked her to vacate the apartment about 8-9 months ago. She plainly refused to vacate and when we tried to put some oral family pressure on her through my wife and our relatives on my wife's side, she filed an injunction against us in the court claiming wrongfully (and without any proof) that we sent goons to remove her forcefully (personally no one from my side of the family has even visited her casually since the moral issue, nor have we sent anyone to her) and that we can only evict her through a legal process.
The injunction case has been running for about 8 months now without any progress, and she has managed to drag the process without anything happening until now (sometimes she doesn't turn up, some other times the judge doesn't turn up, some other times her advocate asks for a postponement, etc..) To top the trouble, we live in Hyderabad (My dad is 70+ yrs old) and the case is in Vizag, so we have to depend on relatives in Vizag to represent us (causing hardship to them too).
Meanwhile, She sent a mediation message through her lawyer saying she'll think of vacating if we pay her 5lacs + legal expenses. We refused outright since we didn't agree with the reasonability or morality of that 'deal'.
We recently filed an eviction notice through our lawyer, but she sent a reply notice through her lawyer claiming that she has been paying rent to our 'agent' without even mentioning the name of that non-existent agent, and demanding that we should pay her 5 lacs for the 'mental and physical agony' that we caused, whereas she's the one causing enormous mental agony to us, both because of this unjust and ridiculous case and also because of her continued immoral behavior outside of this case..
The judicial system seems to be ridiculously advantaged towards squatters and occupiers, since once someone has occupation of your property, it's next to impossible to get them to vacate from your own place, more so if that person is ready to slap silly cases in the court and enjoy the property for free while prolonging the case - magistrate, district court, tribunals, high court, etc.. with silly and baseless/unprovable claims and employing procedural/technical cunningness..
Is there any better recourse to this situation, or some special techniques/clauses that can be employed to speed up the legal justice process, or do we just have to let this drag on 5-10 years from magistrate to district to state court, all while incurring legal costs and while she enjoys our apartment for free..
Thanks so much for reading and I'll really appreciate a response to this. We are only looking for a completely legal recourse.
Sincere Thanks..
Anonymous
09 February 2011 at 09:25
Sir,
I have filed the case before CAT against my employer for not selecting me against regular post (as I was working on adhoc basis). The order has gone in my favor But respondent file the Writ Petition before the High Court which has remanded back for reconsideration
The employer interalias has terminated my services I filed the separte petition for termination
On the date of hearing the Ld counsel of the respondent employer has stated that they don't wish to file the counter affidavit on this case and similar matter has been pending before the Tribunal
The CAT has recorded the submissions and clubbed the two cases for disposal
My queries are:
Whether its harmful for me to clubbed 2 cases together as the cause of actions were different?
Whether non filing of counter affidavit by employer is harmful to me as they want to make evasion from their malafide roles?
IN case the CAT has passed the common order for the 2 cases and reverse order aginst me Whether 2 writ petitions are maintainable ?
Anonymous
09 February 2011 at 09:10
Sir,
In my case, respondent have stated before the court that are not interested to file counter affidavit before the court. The court have recorded its submissions.
In such case the balance of convenience is in favor of which party?
Anonymous
09 February 2011 at 02:36
My father-in-law died six years ago. His elder n yngr brother alive. The ancestral's landed property which is in the name of his father and mother is not yet partitioned coz his two brothers dont want to distribute the same due to their selfishness and delayed unnecessarily.
Now I want to know the process of partition so that my brother-in-law get the 1/3 share of inherited ancestral landed property. In case his uncle will deny to distribute, what action should be taken against their decision as per court of law and how much time it needed to settle the matter aproximately in darbhanga disstt of Bihar. Is it possible to file the suit by any advocate on behalf of my wife directly before Hon'ble Supreme Court of India as we live here.
giriraj sharma
08 February 2011 at 22:16
Sir,
I am in Central govt service.I have filed a case in CAT MP before the final order i have transffered in Rajasthan.now final order received and it is not in my favour.now i want to challange CAT order in High court.Now my problem is that in which state i have to approach the HC.In MP where CAT order was passed or in HC rajasthan where i am presently posted.
Thanks
Anonymous
08 February 2011 at 21:36
Dear Experts,
I am sangeetha from chennai, my hometown is trichy. My mom n uncle lived there. since my uncle is unmarried he lived with my mom till the day he died (29/1/2011).I am in the process of getting his death certificate.he has left LIC with my mom's name as nominee.Also he own a property which i would like to get it transfered to my mom's name.since he has not written any will..kindly let me know the procedure for getting legal heir/succession certificate since my mom comes under legal heir category 2 as mentioned by our village officer..since my grandparents are no more and my mom is the only sister for my uncle pls help me how to proceed...pls..
Adv. Pyare Lall
08 February 2011 at 21:05
plaintiff filed suit for declaration he is owner in possession of suit property. his suit was dismissed by lower court on merits. can the defedndant file an execution application on the basis of decree of dismisal passed against plaintiff. the defendant had not filed any counter claim.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Execution Proceedings
Please suggest a provision in Civil Procedure Code for obtaining deposited amount return in the execution proceedings as the case is in appeal before the high court.