Member (Account Deleted)
14 November 2017 at 20:39
Dear experts,
My brother filed a partition suit in A.P against me, now he is in USA and not attending to the court to record the plaintiff evidence,so is the court close the case, how to continue the case? what steps i need to take? as a defendant, in the written statement we are also asked for counter claim, now i want to continue the case and get the property divided, please suggest me for the next steps to continue the case..
Thanks in advance..
Narayana.
Md Sadab
14 November 2017 at 09:33
dear Sir/Madam,
Kindly let me know that,Registered Wills is valid for mutation entry in Nagar Parishad in a district of Bihar..?
One can Sold their property on Registered Wills Paper as Wills made by self own acquire property and registered with district registrar ....
Thanks n Regards
Md Sadab
RAJAMUDI C
13 November 2017 at 17:52
Dear sirs/experts,
Sub:- To get RESTITUTION after the JUDGEMENT & DECREE in INJUNCTION SUIT
STAGE-1
- Suit schedule property :- OFFICE ~~ 300 Sqft.
- LEASE AGREEMENT for 3 years ( 2011 to 2014)
- LAND LORDS were troubling to vacate me before the completion of the lease period
- O.S SUIT was filed in the year SEPTEMBER 2013
- On 6th Sept 2013 the hon'ble court granted - TEMPORARY INJUNCTION - TI ( valid upto 28th Sept 2013)
- A copy of the TI was given to land lords on 7th Sept 2013
- AGITATED by the court order of TI , the landlords forcefully broke open my locks & put their locks
- NECESSARY POLICE COMPLAINT was filed for "CONTEMPT OF COURT ORDER" & seeking police protection.
- POLICE registered the complaint only as NON-COGNIZABLE ( No FIR was registered even though the TI was in force)
- The LAND LORDS RESTRAINED me illegally to my office, even though TI was in force
- THE LAND LORDS(DEF) advanced the O.S.Suit & giving all false facts to the court by gaining sympathy of court
- The landlords also registered FALSE FORGERY case denying their SIGNATURE on LEASE AGREEMENT
- The hon'ble CIVIL court VACATED the TI on 28-09-2013, pending the final suit
STAGE-2
- The DEFENDANTS thought as if they have WON the case by vacating the TI
- Further they did not come forward to ADDUCE the case
- They did not file WS within 90 days ( Filed after more than 180 days without any valid reasoning for the delay )
STAGE-3
- POLICE took the ORIGINAL LEASE DEED from the civil COURT OS SUIT with court permission & sent it for FSL verification
- FSL confirmed the LANDLORDS signature
- POLICE filed B- REPORT in the FALSE FORGERY CASE
- RETURNED the ORIGINAL LEASE DEED to civil court back
STAGE-4
- The DEF had given a empty pictures of the office to police station after ransacking/stealing all my office equipments ( via RTI reply from police)
- I registered the THEFT complaint/FIR against the DEF ( u/s 380 ....)
- Few of my OFFICE items were recovered from DEF
- POLICE filed charge sheet against them u/s 403 r/w 34 ( instead of sec 380 ) & the CRIMINAL case is on against them
STAGE - 5
- DEF were PROTRACTING the case by filing one IA after the other
- Civil COURT framed ISSUES
- PLAINTIFF EVIDENCE in CHIEF was done marking all the DOCUMENTS , FIR , CHARGE SHEET, etc..
- They kept on DEFERRING " CROSS of PW-1 " for several HEARINGS (more than a year)
- Court ordered " CROSS of PW-1 IS TAKEN AS NIL "
STAGE-6
- FURTHER DEF did not come forwards to ADDUCE DEF EVIDENCE
- Court ordered " DEFENDANT EVIDENCE as NIL "
- We filed WRITTEN ARGUMENTS
- Court posted the case for JUDGEMENT
STAGE-7
- DEF filed IA for recalling the case , Cross of PW-1 by advancing the case, citing that their counsel was held up in traffic etc.
- Court allowed IA with a cost of Rs 5000 /-
- Even then the DEF did not come forward to ADDUCE the case
- hon'ble court again posted the case for JUDGEMENT
- Again the DEF came with an IA for recalling the case & cross of PW-1 etc....
- COURT rejected their IAs UPFRONT ( did not admit)
STAGE- 8
- On 1st Sep 2017 , hon'ble COURT pronounced JUDGEMENT in favor of PLAINTIFF
- On 14th SEP 2017 , DECREE was drawn to not disturb the possession of the PLAINTIFF without following the due process of law
STAGE-8
- The DEFENDANTS have not marked a SINGLE document in the entire OS SUIT
- The DEF have not filed any APPEAL in the HIGH COURT (We have filed CAVEAT in HIGH COURT)
- It's been almost 65 days after the judgement
QUERY
Since the DEF have restrained me illegally by breaking open my keys & STOLEN/RANSACKED my office equipments already during the PENDENCY of the SUIT & PENDENCY of the LEASE PERIOD & they have not returned LEASE AMOUNT also & enjoying the SUIT Schedule property
PLEASE let me know, whether
A] SHOULD I FILE AN EXECUTION PETITION FURTHER TO JUDGEMENT & DECREE,
or
B] FILE RESTITUTION APPLICATION u/s 144 r/w 151 CPC IN THE SAME O.S.SUIT further to JUDGEMENT & DECREE
OR
C] ANY OTHER REMEDY as per Civil procedural Code
KINDLY Advise
Vengatesh
12 November 2017 at 22:39
In a partition suit where preliminary decree passed and plaintiff's share declared, some defendants remained ex-parte, can the defendants remaining ex-parts file final decree application with court fee
K D SHARMA
11 November 2017 at 22:50
PLEASE GIVE ME A DRAFT ABOUT LEGAL NOTICE TO A COMPANY FOR FAULTY PRODUCT
Anonymous
10 November 2017 at 22:43
I am plaintiff 2 my wife being landlord and Plaintiff 1 in a civil suit filed by us for eviction of tenant. Can I depose as Pw2 instead of my wife appearing as witness for cross-exam etc?. Is her witness compulsory in the court by personal appearance?
Pl. enlighten me earliest.
Anonymous
10 November 2017 at 18:38
Respected Experts - I wish to place before you that my friend who was working in a senior position for more than three decades in a nationalised bank was given compulsory retirement because of his colleague’s vengeance attitude and complaint of false allegations against him which made his arrest in april 2013 on Sec 66-A of Information Technology Act, 2008. He came out on bail within 2 hours but his colleague who was influential at Head Office saw that my friend got suspended on the basis of arrest and the domestic enquiry went for one year by bank and he was given compulsory retirement in march 2014. Because of that colleague’s vengeance my friend suffered a lot as he could not get his compulsory retirement benefits even today. Regarding criminal case, my friend got total acquittal in february 2016. In the Judgment it was stated that “ As discussed earlier no document or material object was seized from the possession or from anyone to establish the case against the accused. this court has no hesitation to hold that the prosecution failed to prove the case against the accused for the offence punishable u/s 66A of ITA Act, 2008 beyond all reasonable doubt. In the result, I find that the accused is not guilty for the offence punishable U/s 66A of ITA Act, 2008 and accordingly he is acquitted as per the provisions u/s 248(1) Cr.P.C”. After this judgment my friend’s colleague who did all these mess took voluntary retirement hurriedly and got relieved from bank on 30.4.2016 though few more years is left for him. My friend is jobless as his reinstatement case is still pending in High Court since November 2014 though misc., petition is filed after his acquittal from criminal case. My friend filed a defamation case in civil court for 1.5 crores against his colleague who was complainant for his arrest and also responsible for compulsory retirement. The evidence was filed along with the petition such as Judgment copy and other testimonials which are evident about the vengeance attitude of his colleague. He returned the summons served by Hon Court and the case became ex-parte. I now request experts whether is it sufficient or any more witnesses are required to strengthen the case.
Ritesh Rathod
10 November 2017 at 16:03
Dear sir, My grandmother own a open land near to Mr. Rathod who is a retired Govt. Officer. That open plot is let it to one widow having 5 daughters by my grandmother(alive) on free of rent. Now Mr. R intentionally just for harrasing issue a notice addressing to my father as well as Nagarpalika saying that open plot is not maintain by the widow etc... infact that plot is not in the name of my father, plot is in cleanly order, even nagarpalika issue a notice to my father to clean the plot it shows that influence of Mr. R on nagarpalika. What remedies we have? Pls suggest. Thanks
Balaji Bakthavathsal
10 November 2017 at 12:18
An old lady made an illegal gift settlement of a property to her son to which she is not the absolute owner. The old lady’s daughter who was jealous of the gift settlement, filed a false suit in the lower court challenging the gift settlement and seeking partition of the property stating that it is her ancestors property. Actually the persons are total strangers and no way related to the family or the property. The suit filed in the lower court did not include the genuine legal heirs who are in possession and occupation of the suit property. When the genuine legal heirs came to know about the false litigation, they immediately impleaded themselves in the suit and the suit was dragged for seven long years. Except the genuine legal heirs, all other respondents have been declared ex-parte and now the suit has come to trail stage. The plaintiff has been cross examined and it has come to notice beyond any doubt that the plaintiff is lying and the suit is a false and frivolous one. The witness brought by the plaintiff who is yet to cross examined but blabbered in his statement contradicting the statement of the plaintiff. It is pertinent to state that the genuine legal heirs already filed a suit on the very same property and got a permanent injunction against the plaintiff and others. The question is, at this point
1) Can the impleaded respondents, being the genuine legal heirs to the property who are in possession and occupation, plead the judge to stop further proceeding and deliver the judgment ending further process ? If yes, I request you to provide appropriate citation of similar case.
2) Can we seek a direction from the judge restricting the plaintiff for further appeal to next appellate court by the plaintiff, this being a bogus and false litigation? If yes, I request you to provide appropriate citation of similar case.
Thanking you,
B.Balaji
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Case against builder
Developer had entered into an agreement with me wherein i agreed to vacate my tenancy premises and in return builder was to provide me flat. later builder made revision/changes in plan and also amalgamated adjacent plot without consent of any tenants. Then he gave us possession (temporary) during the construction period in another building. Then he decided to construct hospital on the said plot where he was to provide me flat as per agreement.
he took various Clarence by showing fraud and misrepresentation to municipal authorities. his hospital is constructed and ready for use. He threatened me to take the said possessed flat (which he provided me on temporary basis during construction) which is not as per agreement and less in carpet area. but we denied.
Case has been filled at Magistrate court - Criminal case 420 (issue process)
i want speedy justice as its already 6th year
should i go to HIGH COURT by filing WRIT PETITION
or Consumer Court