About hon'ble high court rules to pass order in consent minutes.
Sadanand B. Panchal
(Querist) 26 January 2013
This query is : Resolved
Respected Experts,
This matter happened in the property where I am residing.In Appeal before Hon'ble High Court one Civil Application was filed by one of the Respondent and finally consent minutes were shown to be filed and the Hon'ble Justice has passed order to the consent minutes after one month wherein the minutes were "X" marked.
Starting point of the said consent minutes are in brief as per following:
Shri X Advocate for Appellant
Shri Y Advocate for....
Shri Z Advocate for...
Coram: Justice name J
Date: _____January 2007(No day shown)
1.Rule, heard parties by consent.
2....
3....
...
10....this order will not prejudice to the right and contentions of the parties in respect of the remaining suit properties if any.
these minutes were signed by the Advocates and some of the parties(not all) but no signature of the Justice though the Rule was passed and heard by the Justice to the parties by consent. This minutes are itself an order of the Hon'ble Justice without day of the order blank.On 2nd February the same Learned Justice passed order to the earlier order which shown to be consent minutes and marked as "X"
Kindly inform me whether the above thing is possible under Rules of Hon'ble Mumbai High Court where the Learned Justice passed order in respect of order in consent minutes?
Regards,
Sadanand B. Panchal
V R SHROFF
(Expert) 26 January 2013
It is not clear , what u want out of this info.
It already happened, so where is the question of it's possibility??
Order actually exists.
Ur Adv of High Court can explain you.
U hv all rights to ask explanation to your Advocate . If he do not reply, u can post query here.
Sadanand B. Panchal
(Querist) 26 January 2013
Respected Experts,
With reference to my this query first of all the matter concerned here is between family members of my landlord in respect of land dispute where one Chawl situated I am one of the occupant in the Chawl. I am not the party in the said First Appeal. I am seriously affected by the order in said Consent Minutes. I obtained the Certified copy of the said order and thereafter meet the Advocate for Appellant who was Justice in the year 2011, now resigned and practicing again as Advocate. When I asked the said Advocate how the Chawl was transferred to the Developers hand without permission of the landlords and tenants by way of order in Consent Minutes, the respected Advocate remained unanswered by saying that the respected Advocate forgot the entire matter of the FA where all the Advocates signed the Consent minutes. Therefore I asked this query and most respectfully request you that apart from the fraud included in the consent minutes can the Hon'ble Justice pass order on consent minutes where all parties not signed the Minutes but all the respective Advocate have signed it.Kindly inform me the Rules in this regards of the Hon'ble High Court. I am going to Challenge the said order in person.
Regards,
Sadanand B. Panchal
V R SHROFF
(Expert) 26 January 2013
It was necessary to include all parties. misjoinder of parties not allowed. case be rejected on that ground alone.
APPEAL AGAINST THAT ORDER , AS U WERE NECESSARY PARTY. BOTH PARTIES IN COLLUSION HIDE THIS FACT, MISREPRESENTED COURT TO ALLOW CONSENT TERM...
ORDER WILL BE SET ASIDE/ QUASHED
ajay sethi
(Expert) 26 January 2013
agree with shroff
Sadanand B. Panchal
(Querist) 27 January 2013
Respected Experts,
I am thankful to you all for your valuable advice given to me on my Query of the occasion of the Republic Day. After having resolved this query I am feeling to live in freedom and also feel that entire team of respected Advocates is behind me. I am not fighting alone. Thanks ones again. Happy Republic Day.
Regards,
Sadanand B. Panchal
