sohail
14 October 2018 at 22:40
Good Evening Sir,
My father filed recovery of possession suit in the year 2013 and the 4 respondents ex-party and we got Judgement and decree on 20-09-2016 but my advocate not filed the Execution Petition with in two year.
In 2016 i also completed my L.L.B and enrolled in state bar council and pass the AIBE exam too.
I personally filed the Execution Petition on 20-09-2018 but i came to know that my EP is returned on dated 22-09-2018. because i have not filed the following particulars 1 Notice against J.Drs not filed. 2 Process for service of notice not deposited.
SD Senior Civil Judge.
the case pending In The Court of the Hon'ble Senior Civil Judge at Shadnagar.
Then i have filed re submission of EP on 5-10-2018 with Notice against J.Drs and process for service notices were deposited which being submitted along with petition under section 148 cpc condone delay of 6 days.
know i got hearing in that condone delay petition on 23-10-2018.
In condone delay petition i have stated that due to old age and ill health i couldn't attend the court and filed the required particulars with in (7) days as such the delay caused for (6) days may kindly be condoned.
sd petitioner and sd adv
sir what i have to tell in that condone delay petition hearing. plz guide me.
Siddiqui
Advocate
Anonymous
13 October 2018 at 22:26
Dear Expert,
I am in very tense situation hope you will help me to come out
My grandfather have 3 son including my father. My father and grandfather is no more. My both uncle have good houses and mine was made of mud walls. Since there is no will, both uncle did some jugad and took ownership of there houses. Now my house have 3 names, my father and both uncle. We were living in it but due to poor condition of house it collapse. When we tried to build new one both uncle send notice for partition. We are agree to give there portion if they prove property belongs to them but court have given stay order that we can not construct anything. Since we are homeless now and we have requested court to give atleast give permission to build our portion and we will give any porntion after courts final result still court has denied application. Now we are living in rented house.
I want to know is there any law which can give me permission to construct one room atlist. I heard about PM AWAS YOJANA how much that is true. Is there any article defines, law can not keep homless.
Mr Sreejit
13 October 2018 at 13:23
An exparty order of Inj and Status-quo was granted in favour of Plaintiff in a Title Suit in 2013 and the plaintiff keeps religiously filing petition for extension of the same stating a fake reason that ' the situation initially prevailed is still continuing', on each date of hearing. The Hearing of Ad-Interim Order of inj. is 'still' being in the process of 'hearing' at a bench in City Civil Court, Calcutta.
The fact is, as such, the reason for which the orders were granted were fake, frivolous and imaginery and never existed not could exist at any probabilities and the order itself is in violation of an earlier HC Calcutta Order in a case relating to same property between predecessors -in-title.
The last date was 17th Sept. 2018 wherein the Defendants-in-person filed hajira in the court and as well as served a copy of their petition under Order 2 Rule 2 and 3 to the Adv. of the plaintiffs, in person and filed the 'copy served petition' at the Court.The Adv. of the plaintiff signed and handed over the petition to the defendant-in-person.
That day court did not function for obvious reasons.
The next date was fixed for 'Extension of Ad-Interim Inj orders' on 12th Oct 2018.
The def-in-persons filed a petition u/s 151 of CPC therein pleading that, some error had crept-in in the records of the court or some casual/clerical/mechanical mistake had happened in the court records due to which it was stated in the cause-list that the next date is 12th October 2018 for extension of Orders and, as such the plaintiffs had never filed any petition seeking any extension and as such the court has NO MANDATE TO GRANT THAT IS NOT SOUGHT FOR.
Also the def-in-persons filed a put-up petition to hearout their above petition u/s 151 before the court on 12th Oct 2018.
The Adv. for plaintiff placed a fake and casual reason that 'IT IS NOT POSSIBLE TO GIVE NOTICE/SERVE COPY OF EXTENSION PETITION TO THE DEFENDANT-IN-PERSON AT HIS HOUSE', whereas the facts are: 1. The Adv. of plaintiff himself signed and received the petition of the def-in-person at his designated Bar location from the def-in-person. Actually he failed to file / serve any petition for extension. whereas before the court he pleaded with a false reason, also he did not leave any notice at the court office if that the Adv. was not able to locate the def-in-person. Actually the address of the def-in-person is in the court records and no petition ever submitted by post or any messenger too.
The Adv. for Plaintiffs did not plead for excuse nor pardon for the lapse.
The def-in-person though not a person of legal fraternity understands this much that in the ADVERSARY SYSTEM OF JUDICIARY the Judge is not 'OBLIGED' to GRANT WHAT IS NOT ASKED/SOUGHT/PLEADED FOR. Also the Adv. did not plead for pardon or excuse.
The Judge, on 12th October 2018 did not mind the lapse/error/ audacity of the Adv. of the plaintiff and 'TOTALLY IGNORED' the petition u/s 151 for a prayer to pass an order declaring that the ex-party ad-interim Orders of injunction and status-quo got vacated due to failure to file petition for extension on behalf of the Adv. of Plaintiff.
The position, case, interests of Def-in-person is seriously hurt due to indifferent and callous attitude and conduct of this Judge.
Actually the injunction is awarded to restrain the defendants from causing disturbance in the painting work of the wall of the plaintiff.
I plead with the experts here to guide a remedy to this situation.
Anonymous
13 October 2018 at 08:31
AFS cancelled on plain paper, us it ok?
Sale deed done...Does it wipe out AFS?
Sale deed mentions 40lakhs but deal was for 45 lakhs. All chq. Buyer wanted to save stamp duty. Position?
Can it be argued that deal has not been completed? What recourse against buyer?
Advice please. Dt 13.10.18
Anonymous
12 October 2018 at 23:38
Whether claimant can file Compensation under section 163 A of M.V. act if the income of the deceased is more then Rs 40,000/-?
Say if the deceased had an income of Rs. 70,000/-
Whether Rs. 40,000/- Per year is the limit.?
Please suggest
amita
12 October 2018 at 22:12
what do u mean if supreme court after hearing the case says adjourne d as per record of ptoceedings.
ABDUL KHALAM
12 October 2018 at 18:22
Hello all,
I live in a flat in a 35-year old building in Mumbai. The building is old and lacks a bit of maintenance and hence has some leakage issues in one bedroom.
I have replastered the ceiling and walls of the bedroom twice since I bought the flat in 2003 but since the outer walls are not well-maintained, I see leakage every monsoon.
The thing is the society is supposed to repair the outer walls but no one apart from me is willing to contribute money into the endeavor and the society officials say they don't have enough funds to carry on the work on their own.
In this situation, me repairing my bedroom from the inside makes no sense as it will be a waste of money unless the outer walls have been repaired.
I have sent several letters to the society about this but have seen no response.
What can I do from this situation? What kind of legal options do I have from here?
Any help would be appreciated.
Thank you.
Sayan Poddar
12 October 2018 at 17:38
Land lord ask to vacate premise.Tenant file title suit.Get injunction.
Case is pending for 10 years.Tenant neither paying rent to land lord
nor in the court (rent control) .In the court two ground already proved.
1)Reasonable requirement.
2)Will full defaulter.
We have file counter claim for eviction 6 month ago (still pending for hearing).
My question is , we have to file separate eviction case or this suit
will evict tenant.We need this premise for own use.
Debojit mohanta
12 October 2018 at 15:48
I meet an accident where my bike was in an parking position in parking area, suddenly an alto hit the bike from back side and rush it to near 25mtr distance. After that police came and took both the vehicle in police station. Then I lodge an FIR. They took my papers with driving licence and handed me a seizure list. I move to court and got release order except my Driving licence. How can I get back my driving licence???
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Execution petition
Good Evening Sir,
My father filed recovery of possession suit in the year 2013 and the 4 respondents ex-party and we got Judgement and decree on 20-09-2016 but my advocate not filed the Execution Petition with in two year.
In 2016 i also completed my L.L.B and enrolled in state bar council and pass the AIBE exam too.
I personally filed the Execution Petition on 20-09-2018 but i came to know that my EP is returned on dated 22-09-2018. because i have not filed the following particulars 1 Notice against J.Drs not filed. 2 Process for service of notice not deposited.
SD Senior Civil Judge.
the case pending In The Court of the Hon'ble Senior Civil Judge at Shadnagar.
Then i have filed re submission of EP on 5-10-2018 with Notice against J.Drs and process for service notices were deposited which being submitted along with petition under section 148 cpc condone delay of 6 days.
know i got hearing in that condone delay petition on 23-10-2018.
In condone delay petition i have stated that due to old age and ill health i couldn't attend the court and filed the required particulars with in (7) days as such the delay caused for (6) days may kindly be condoned.
sd petitioner and sd adv
sir what i have to tell in that condone delay petition hearing. plz guide me.
Siddiqui
Advocate