Justice denied
srinivasa guptha
(Querist) 22 March 2014
This query is : Resolved
SUB: BEGGING FOR JUSTICE
My father who wrote a registered will in 1985 for his self earned property In favor of his younger son (Me).
My father died on 2000, but my brothers did not accept the will written by my father, they went to court for praying partition.
I too went to court for declaration of will.
The above said cases have been clubbed for common judgment.
Trail (in the court of XVIII addl. city civil Judge Court Bangalore City) dismissed my plea reasoning
1.signature of my father mismatches with referring documents (a document written in 1967 is compared with document of will made in 1985, that to in naked eye and not scientifically proven method, when the question of mismatch of signatures did not raised by the respondents).
2. Thump impressions also mismatch (without an expert opinion)
3. Two witnesses are not alive (court did not accept one of the witness’s son attesting his father sign)
I appealed the case in the High Court of Karnataka at Bangalore. My petition has been dismissed endorsing trail court’s view.
I appealed the case in Supreme Court of India. My Special leave petition got dismissed for concurrent courts orders against me.
My Interpretation in the case:
1. I am not here to blame any one in the Judiciary process, my emphasis is I being denied Justice in all courts of the country with out proper investigation.
2. My case is very simple dispute regarding the Registered will, in this case I the petitioner (me) claim I have a registered will for my father’s self earned property, respondents say my father has not written any will but my respondents or the trail court Judge have not challenged genuinity of the will in the trail court during argument or any where in the trail court, but on the trail court Judge on his judgment have said he have compared the sign and thump impression of the will and with a document available with the court on his own naked eyes and gives result as signature and thump impression where mismatching, and judge is not interested with the words of one of the witness who drafted the will in 1985 and now endorses the signature of my father in the trail court and also one of the son attesting his father signature of the deceased witness of the will.
3. If the any question of the genunity of the will have arisen when the case was in trail court I would have instead the trail court Judge for forensic analysis and of would have seek its report on the registered will.
4. In appeal court case went with the arguments on whether trail court judge’s has powers to compare sign & thump impression and case result was against me.
5. Special leave petition have also been dismissed for the concurrent judgments against me.
6. Finally Review petition of slp got dismissed.
I would like to know what are the options available in this land for me to get the justice, will curative petition be helpful to my case.
I request lawyer community to suggest a way to get justice in lower or high court or Supreme Court.
Devajyoti Barman
(Expert) 23 March 2014
Since the judgement has be affirmed by the supreme court also, I regret to inform that you have no option but to abide by the terms of the decree passed in the trial court below.
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
Since you have lost your case even in the supreme court, my suggestion is that you arrive at a compromise with your brother and go for an amicable partition with him or consult your lawyer that whether you have chances for filing a partition suit and proceed as per advise.
