GANGAM.RAJENDER.
26 August 2014 at 20:52
respected experts
property belonged to the joint hindu property.the family consists of five members along with kartha.
the joint property was disputed and the purchasers LEGAL HEIRS filed the suit(DECLARATION OF TITLE) against the joint family members d1 kartha and d2 elder brother and not impleded other three members (THEY ARE NOT AWARE OF THE PROCEEDINGS INTENTIONALLY THE D1,D2 ARE NOT IMPLEADED)
and obtained the compromised lokadalat award copy in favour of plaintiffs.
Q1.NOW THE OTHER MEMBERS(THREE) OF THE JOINT FAMILY WANTED FILE A CASE AGAINST THE LOKADALAT AWARD AND PLAINTIFF AND D1,D2 AS THEY ARE COLLUDED.IS IT POSSIBLE TO FILE THE SUIT AGINST THE COLLUDED AWARD COPY TO SET ASIDE.
Q2.IF POSSIBLE WHAT ARE THE INGREDIENTS ARE REQUIRED TO FILE A SUIT.
Q3.CAN WE CHALLENGE THE AWARD COPY BEFORE THE HON'BLE COURT.
THANK YOU SIR.
S. Fernandes
26 August 2014 at 19:23
1.I filled a money recovery suit on 18.12.09. against a firm. suit was decreed in my favor on 31.10.10.
2.I filled execution proceedings on12.07.12.
3. April'13 I applied for attachment of property belonging to JD.
4. Bailiff returned report stating that property has been sold on 15.02.10.
5. I reapplied for attachment of same property on grounds that it was sold in fraud of creditors of the firm, hence liable to be attached.
6. Court accepted, and attached the property.
7. subsequent to attachment, two objectors filled objections under Order 21, rule 58. the present transferee and his mortgagee bank.
Mortgagers sale deed shows purchase price as 45 lakhs. Bank has got property valued by government valuer on same date as sale deed to be 4.5 Cr. and given loan of 1 Cr.
I now want to file application before the executing court seeking to prohibit the O.A. of the bank from in anyway interfering with the property under sarfaesi act, this being a fraudulent sale, it is not subject matter for DRT, and sec 17 or 34 of Sarfaesi will not apply? As property bought for fraction of true value, and loan amount is more than double purchase price.
can I file under O39 r/w sec 151 cpc? in adjudication proceedings under O21 R58.??
Please advise, how I can avoid going before DRT?? Please advise,
Thanks,
surjit singh
26 August 2014 at 18:03
In a civil suit the munsiff of the court did not admit my suit on the point of resjudicata at the initial stage and on this point hearing was done on several dates and even on conclusion of the argument on this point even after several dates the munsiff did not passed any order. Subsequently, an application was made stating that the argument on the point of resjudicate was concluded long back and thereafter around two years has passed so order to that effect may be passed. Even thereafter there was not order. The petitioner made a complaint before the CJM stating the fact and praying for necessary directions. Thereafter the munsiff passed the order admitting my suit. The CJM rejected my complaint stating that at this stage the complaint by the petitioner cannot be entertained since order has been passed in the suit.
I want to file a application before the High court for such willfull delay in passing orders by the munsiff court. I am not the only person who has faced such harassmet. It is also seen that when judgemnet are reserved, those are not delevered for long more than six months and thereafter when they are transferred they name an order for release of the case and in the case the petitioner has to bear the burnt.
My question is I want to approach the High court making the munsiff as party by name. Whether it will be advisable to make him as named party. If not why.
shivraj
26 August 2014 at 17:53
Whether sec.9A of cpc application entertained
before o.39 r.1 injunction application?
plz reply and give any case laws regarding temporary injunction application priority to entertain before any other application?
Thanking you,
shivraj
26 August 2014 at 17:35
u/Maharashtra co-op act can any housing society go beyond his byelaws?
sonal
26 August 2014 at 15:16
Hi,
experts there is matter pending in court. We are defendants. In few dates matter is lsited for admission and denial and framing of issues.. being a defendant i submitted few emails with w/s..now nothing left to submit more.
pls tel me i need tubmit original police complait whose photocopy i have attached in list of documents with w//s and secondly if any other document i hv to admit then whts the procedure/?
is any procedure mention in cpc ?
we can directly submit or should annex documnets with some application
Thanks
sanjeev kumar
26 August 2014 at 13:24
Sir, decree of execution in pending in district court. Second appeal in HC is pending which is neither accepted nor dismisses. will during the pendancy, decree execution will not be possible ?
naveen
26 August 2014 at 13:04
"A" sold a plot to "B".Later he sold the same plot to "C". Later C sold it to "D". D sold it to "E". Later E sold the same to my client "F". When my client saw EC recently, the fraud played by "A" came to the light.My client filed cheating case also.
Now, can my client ask for cancellation of sale deed and want return of money as the title is not a perfect one. Whereabouts of "B" are not known.
According to which provision can I file the case?
Please advise . . . .
Thanking You,
Naveen
naveen
26 August 2014 at 12:41
A man sold a plot to one "B". Then he sold the same plot to "C". C sold the plot to "D". Later D sold the plot to E. Later E sold the plot to my client. Recently the fraud played by "A" came into light when my client saw the EC."B" whereabouts are not known.
The issue is can I ask for (1).cancellation of the sale deed and return of sale amount paid by me as it is not perfect title as I am not able to sell the same.
Or are there any other remedies available?
Please advise . . . .
Thanking You,
Naveen
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illegal execution proceedings
Sir,
could you help me out with the appropriate legal remedy to be adopted in the below discussed case whether it is writ to high court or any other legal remedy.
As per rule 153 of delhi cooperative societies rules 2007 decreeholder can make any number of applications but recovery officer shall not entertain the same if its barred by article 136 of limitation act 1963 i.e. 12 years .however one society(decree holder) has made an application to recovery officer after 12 years of award and officer has issued warrant for arrest and attachment without following the rules.
Though judgement debtor(I) in the mean while some years ago has paid some amount in earlier execution filed by the same decreeholder.
whether that payment extended the period of limitaion???
what shall be the proper course of action to deal with this situation.
Sir I have tried to find lawyer at district courts for this issue however nobody told me any solution and moreover said we donot deal in society cases.
Please guide in detail as we are poor man and donot have money to satisfy execution.
Please help me with some good lawyer contact number as well.
Thnanks in advance