Compnensation suit
Kunal
(Querist) 10 May 2010
This query is : Resolved
"""A"" & ""B"" are the brothers. Registered partition had taken place between them.
Now ""B"" has sold his share of property to ""C"". So ""A"" has filed a partition suit against ""B"" & ""C"" claiming his rights in partition. Court has given status quo in favour of ""A"". Status quo is since last 2 yrs. ""A"" always asks the court to maintain the status quo. The suit filed by ""A"" is bogus, as he had sold his share long back ago, only to claim additional money from ""C"" he has filed a suit against ""B"" & ""C"".
Now can ""C"" file a malecious prosecution suit against ""A"" because ""C"" is in loss since last 2 yrs because of status quo. Is the suit maintainable because the suit filed by ""A"" is still going on its on order but the order is not yet passed.
"
Please advice
Raj Kumar Makkad
(Expert) 10 May 2010
This is not fit stage to file such suit. You shall to wait for this until the decision of the suit but meantime you should move for vacating the order of trial court by way of filing an appeal before appellate court claiming therein entire facts.
G. ARAVINTHAN
(Expert) 16 May 2010
If it is a bogus case, it deserves dismissal. After that suit is dismissed, you can initiate proceedings for suing him for malicious prosecution
