R.SHAH
22 December 2010 at 13:46
HOW LONG IT TAKES FOR FINAL ORDER/JUDGMENT IN CIVIL SUIT.
PLAINTIFF HAS FILED RCR SUIT AND LATER SHE GOR REMARRIED AND WE TOOK HER ADMISSION IN WRITING BEFORE THE COURT. ON SAME APPLN. JUDGE HAS GIVEN ORDER SIDE TO SAY AND MY ADV. GIVEN SAY ON SAM APPLN. I.E. AS SHE GOT MARRIED HER SUIT BE DEISMIISED. AND NOW MY ADV. SAYS IT'S KEPT FOR ORDER,
LAST 3 DATES THEY TOOK ADJOURNMENT AND NOW I GOT MORE THAN 1 MONTH DATES.
AFTER SUCH APPLN. TO TILL NEXT DATE IT'S ALMOST BEYOND 2 MONTHS.
KINDLY ADVISE
Anonymous
22 December 2010 at 13:37
My client borrowed a loan of Rs.15000/- from kancheepuram branch of a nationalised bank in the year 1976 by way of submitting the ORIGINAL title deeds of a property. the secured property is situated in salem, so he was advised to submit his original title deeds with the bank's salem branch and also create an EM charge there itself.
subsequently the loan became NPA and the bank filed suit in the sub court salem in the year 1990. the bank had filed the suit only with the strength of a the pronote and did not file a Mortgage suit by filing the original title deeds of my client.
my client also did not want to contest the suit instead filed an admission memo stating that he admits the suit claim and will pay the dues in six months and the suit was decreed recording the admission memo.
since then my client is contacting the bank with an intention to pay the dues as admitted in 1990 and sought the bank to show him his original title deeds since it was not even filed in the court. but the said bank has failed to show the original title deeds of my client. we were informed orally that they have lost the documents and are not able to trace it. but no manager in the bank is ready to give it in writing as i might invite some accountability for them from the management of the bank. this was the status till 2006.
in the year 2006 only i came to know about all these facts and since the limitation period for filing an EP against 1990 decree was barred i again filed a suit in munsif court salem for
1. to declare that the decree dated 1990 was time barred
2. mandatory injunction directing the bank to return all the original title deeds to my client.
in this suit though the bank entered appearance through its counsel and later was set exparte for non filing of written statement. hence the suit was decreed as prayed for. since then the bank has not even taken any steps to set aside the exparte order till date.
subsequently even after the receipt of my legal notice and several RTI applications from my client in this regard the bank failed to return the documents till date. even though in some replies to my client's RTI application the bank has accepted that the documents were lodged with their salem branch and for the past 4 years they have stated that they are trying to locate it and return it once it is located.
hence my client has met the manager of the bank in person and he was informed orally by the manager that he accepted that the documents are not able to be traced and it will not be possible for them to give the same in writing due to accountability as who has lost the documents.
hence we had no other go than to file an EP in pursuance of the said decree passed against the bank in 2006.
at this juncture understood that i had made a mistake of thinking that the limitation for filing EP against any decree is 12 years. but now only i came to know that (after the munsif has returned my EP petition stating) the limitation period for filing EP against any decree of mandatory injunction is only 3 years and no condone delay petition is applicable in this aspect.
so this is the present situation. i admit that ignorance of law is not an excuse.
My doubts are as follows:
1. is there any ruling available in support of filing EP against a decree of mandatory injunction excusing the delay after the expiry of 3 years period of limitation ?
2. there has been numerous communcations and RTI applications and replies between my client and the bank in this regard till october 2010, so can the last communications during october 2010 can be deemed to have saved the limitation or extented the limitation ? whether any one has come across any rulings in this aspect.
3. as of now my client wants the documents badly as he is planning to construct a house in that place by way of raising a loan from any bank, in such situation he will have to submit originals of his title deeds to the funding bank ? (there is no registered entries regarding the borrowal of my client like regd MOE etc, the EC doesnot reflect any regd entires)
4. can anyone please suggest what is the way out to collect the documents from the bank or get a written communication from the bank stating that they have only lost the original title deeds of my client with the help of which my client can raise a loan from a bank by submitting the certified copies of his title deeds ?
since the client happens to be my very close friend i will have to solve this by any means. hope our experts will surely find a way out for me to solve this issue.
pls feel free to seek any further clarification relating to facts in this regard, if need be.
thanks in advance.
Anonymous
22 December 2010 at 08:32
In a registered sale deed i'm not a party to that registered document.. can i in way ask for a declaration for that sale deed to be illegal, null and void???
ganesh
21 December 2010 at 22:43
a man, since deceased had two wives. the 1st wife was insane. she had no issues. but 2nd wife had issues. now the sons of 2nd wife applied for legal heir certificate to tasildhar. but the tasildhar refuses to give legal heir certificate as such the existence of two wives and directed them to aproach the court. now what is the procedure to obtain the legal heir certificate and how fee should be calculated.
Anonymous
21 December 2010 at 21:53
There are adjacent plots out of which one of the plot is purchased by the plaintiff which is the disputed property in plaint.. other adjacent plots are not included in the plaint... the plaintiff is alleging that the adjacent plot owner has encroached upon his own land.. now he has filed application for appoint of court commissioner in the court.. seeking relief that along with the disputed plot all the other adjacent plots be measured and the boundaries be checked... can such application be filed in the court seeking to measure all the plots.. and only prayer for appoint of court commissioner is made. as to who should be appointed is not made..?? i'm on behalf of the defendant.. and want to oppose it.. reply....if possible in detail.
PLD
21 December 2010 at 20:50
We got adverse order from High Court on 28th Sep. 2010
Applied for Certified copy on 11 Oct 2010 and got it on 16 Oct 2010
We can only file SLP in Supreme Court on 3rd Jan 2011 since SC Registry closes on 23/24 Dec 2010 for winter vacations
When does the 90 day period expire?
Will we be required to file delay condonation on 03.01.11 ?
Do we have to compulsorily give notice to opposite party if delay is there even for a few days or is it at the court's discretion?
Urgent Advice would be highly appreciated. Thanks.
Anonymous
21 December 2010 at 20:48
I AM LIVING IN A RENTED APARTMENT IN CALICUT WITH FAMILY SINCE 2008. AS PER RENT AGREEMENT, I AM REQUIRED TO PAY RESIDENTS' ASSOCIATION FEE WHICH I HAVE BEEN PAYING DIRECTLY TO THE ASSOCIATION ON BEHALF OF THE OWNER.
SINCE EARLY THIS YEAR, THE ASSOCIATION HAS INTRODUCED AN ASSOCIATE MEMBERSHIP FEE PAYABLE ONLY BY TENANTS IN THE APARTMENT BLOCK. THEY HAVE ALSO INCLUDED A CLAUSE IN THE ASSOCIATION BYE-LAW TO DEFINE THIS AS "THE FEE/CHARGES FOR EXTENDING ASSOCIATION SERVICES TO TENANTS".
RIGHT NOW THEY CHARGING RS.50 PER MONTH.HOWEVER, THEY COULD EASILY INCREASE THIS TO WHATEVER AMOUNT THEY WISH SINCE THIS IS NOT RELATED TO ANY ACTUAL EXPENSE.
IS THIS LEAGLLY VALID? IF NOT, HOW COULD I SEEK LEGAL HELP? CAN I APPROACH CONSUMER COURT?
CAN OUR LEGAL EXPERTS HELP?
THANKS,
Anonymous
21 December 2010 at 20:42
experts,
Plz. guide me on the following queries.
1) Can father relinquish his half share of immovable property in favour of his only son?
2) Will the name of son come in property card by way of said relinquish deed?
3) Is registration is compulsory for relinquish deed?
4) Whether this transaction is valid,If yes then which act is applicable to this transaction?
Anonymous
21 December 2010 at 16:43
How to evict a licensee from commercial building
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Execution of Decree of Mandatory Injuction beyond Limitation Period of 3 years
My client borrowed a loan of Rs.15000/- from kancheepuram branch of a nationalised bank in the year 1976 by way of submitting the ORIGINAL title deeds of a property. the secured property is situated in salem, so he was advised to submit his original title deeds with the bank's salem branch and also create an EM charge there itself.
subsequently the loan became NPA and the bank filed suit in the sub court salem in the year 1990. the bank had filed the suit only with the strength of a the pronote and did not file a Mortgage suit by filing the original title deeds of my client.
my client also did not want to contest the suit instead filed an admission memo stating that he admits the suit claim and will pay the dues in six months and the suit was decreed recording the admission memo.
since then my client is contacting the bank with an intention to pay the dues as admitted in 1990 and sought the bank to show him his original title deeds since it was not even filed in the court. but the said bank has failed to show the original title deeds of my client. we were informed orally that they have lost the documents and are not able to trace it. but no manager in the bank is ready to give it in writing as i might invite some accountability for them from the management of the bank. this was the status till 2006.
in the year 2006 only i came to know about all these facts and since the limitation period for filing an EP against 1990 decree was barred i again filed a suit in munsif court salem for
1. to declare that the decree dated 1990 was time barred
2. mandatory injunction directing the bank to return all the original title deeds to my client.
in this suit though the bank entered appearance through its counsel and later was set exparte for non filing of written statement. hence the suit was decreed as prayed for. since then the bank has not even taken any steps to set aside the exparte order till date.
subsequently even after the receipt of my legal notice and several RTI applications from my client in this regard the bank failed to return the documents till date. even though in some replies to my client's RTI application the bank has accepted that the documents were lodged with their salem branch and for the past 4 years they have stated that they are trying to locate it and return it once it is located.
hence my client has met the manager of the bank in person and he was informed orally by the manager that he accepted that the documents are not able to be traced and it will not be possible for them to give the same in writing due to accountability as who has lost the documents.
hence we had no other go than to file an EP in pursuance of the said decree passed against the bank in 2006.
at this juncture understood that i had made a mistake of thinking that the limitation for filing EP against any decree is 12 years. but now only i came to know that (after the munsif has returned my EP petition stating) the limitation period for filing EP against any decree of mandatory injunction is only 3 years and no condone delay petition is applicable in this aspect.
so this is the present situation. i admit that ignorance of law is not an excuse.
My doubts are as follows:
1. is there any ruling available in support of filing EP against a decree of mandatory injunction excusing the delay after the expiry of 3 years period of limitation ?
2. there has been numerous communcations and RTI applications and replies between my client and the bank in this regard till october 2010, so can the last communications during october 2010 can be deemed to have saved the limitation or extented the limitation ? whether any one has come across any rulings in this aspect.
3. as of now my client wants the documents badly as he is planning to construct a house in that place by way of raising a loan from any bank, in such situation he will have to submit originals of his title deeds to the funding bank ? (there is no registered entries regarding the borrowal of my client like regd MOE etc, the EC doesnot reflect any regd entires)
4. can anyone please suggest what is the way out to collect the documents from the bank or get a written communication from the bank stating that they have only lost the original title deeds of my client with the help of which my client can raise a loan from a bank by submitting the certified copies of his title deeds ?
since the client happens to be my very close friend i will have to solve this by any means. hope our experts will surely find a way out for me to solve this issue.
pls feel free to seek any further clarification relating to facts in this regard, if need be.
thanks in advance.