Env Coord
10 December 2014 at 22:37
Dear Experts,
Kindly resolve my query.
A Navi Mumbai Court(in Maharashtra) passed a decree in a Summary Civil Suit filed under Order XXXVII (Order 37) of Civil Procedure Code,1908 in the year 2011.Court pronounced Judgement in June,2012.
Darkhast for execution of decree was filed by the Plaintiff's Advocate in Dec,2012.
In Sept,2013 the respondents(Judgement Debtor) started paying the Decretal amount in instalments (on a monthly-basis).The Debtors paid around 45% of the Decretal Amount till January 2014.
In Feb,2014 the Plaintiff's Advocate died a natural death due to old age.As this fact came to the knowledge of Judgement-Debtor he stopped paying the Decretal Instalments to Decree-Holder since Feb,2014.
The Decree-Holder is a Lower-Middle class person unable to hire a Lawyer,as most of the Lawyers want to charge 20% of the Outstanding Amount as fees.(which he can't afford).
Kindly guide as to what steps can Decree-Holder take to expedite the recovery of the outstanding decretal amount from the Debtor?
Can he approach District Legal Aid Services?
If not,then can he represent himself in the front of court under Section 32 of Advocates Act,1961.
jitender
10 December 2014 at 12:04
dear Members, A senior civil judge District court delhi has passed an order for warrant of attachment of property in execution petition while my order 9 rule 13 application is till pending and not decided. where can i appeal against this order and relevant provision under which appeal and stay application can be filed.?
jitender
10 December 2014 at 12:00
dear Members, A senior civil judge District court delhi has passed an order for warrant of attachment of property in execution petition while my order 9 rule 13 application is till pending and not decided. where can i appeal against this order and relevant provision under which appeal and stay application can be filed.?
chiranjeevi
10 December 2014 at 08:01
Dear Sir,
My uncle bought 8 cent agricultural land(which is adjacent to his existing land)in a village near tirupathi from the bonefied owner in year 2008 .The neighbour land holder occupied and threatens us not to enter in 2008. he have registered the same land again in his name.
We approached court in 2009 and In Nov 2014 the court given judgement by giving permanent injuction as :-
1)the defendent registration and his documents are null & void.
2)he, his family, his relatives & his agents not to enter the land
3)Defendent has to pay Rs 4500/- to plaintiff(i.e my unlce) as legal suit charges.
Now We tried to enter & cultivate the land after 5 years from purchase. Even after court judgement the defendent/stranger threatened & beat us saying that i will go to district court.Untill further judgement he wants us not to enter the land.We said you go to any court if court said not to enter us then we will leave the land untill we will cultivate land but he didnt agree and threatened and beaten us.
We approached police station and police are influenced by him. we showed court order and request police take a compliant and handover over land. but they are not taking complaint and not helped us.
Pls suggest what to do and how to get my land.
Regards
chiranjeevi
08722314752
mamatha.R
09 December 2014 at 22:42
Namaste,actually my father have some land, that land has come from my mothers family as made with sale deed, in sale deed as mentioned as "land purchased by my mothers brothers(my mother having 2 brothers),and also mentioned sale deed amount.
Now one of them put a case as" without my knowledge sale deed as made and also that land has purchase by hindu undivided family fund".
Actually in sale deed both brothers were singed and registered in sub register office but now put a case for the same.
Is It sale deed is invalid?
If invalid, how can we get the amount back?
Adv B.B.Gambhir #9814820602
09 December 2014 at 22:10
respected Sir,
i am appearing on behalf of decree holder. the execution was filed in the year 2005 against jd. the 3rd person has knowledge about the pendnency of the execution since 2006. Now 3rd party has filed the objections in the year 2014.
My question is what is the limitation to file the objection by third party?
Under which section said limitation is mentioned
from which source, i can find the law.
S Mohan
09 December 2014 at 22:10
Sir,
I had water leakage in m ceiling due to some problem in toilet above my flat 3 years ago. Builder redid the flooring for the above flat and it stopped. Now, again for last 4 months leakage started.
I went to Association for hep. They spoke to the above flat owner and laid white cement in the floor once but no result. Then association said it is individual's problem and i have to handle it. I spoke the above floor owner and spent close Rs. 1800 for white cement on the flooring again. After long discussion the owner shared Rs. 500 and he said he will not pay any more money if the problem exists and he is not willing to repair.But the leakage problem still exists. I would like to take legal step here as there is no support from association and above flat owner. Any advocate from bangalore, please advise.
Rastogi
09 December 2014 at 21:50
My Father(Defendant1) and me were defendant(Defendant2) in the case. My father filed a written statement. It was signed only by my father. Apart from this I have not filed any written statement.
My father expired few years back. Since I was alreay party to the suit I continued as a defendant now and not through legal representative.
Since I have not filed any written statement will that be considered as no written statment filed and I am not allowed as evidence in the suit?
What is the alternative for me to enter the witness box ?
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Agricultural land deal
1.what if seller sends legal notice after khatha is done? (Karnataka - Agri Land)
Because 'Khatha is done' means Revenue dept would have tharoughly investigated and awarded the Land rights, right?
2. (in the above case) Legal heirs claims are valid for how many years from sale deed date? if the same property is sold to another party (2nd sale)these legal notices need to be taken serious?