Query on os5854 disposed as contested decreed satisfied
Stephen
(Querist) 16 June 2020
This query is : Resolved
Dear Sir,
I am the plaintiff for OS5854/2016 and the case was posted for argument multiple times since apr2019 and now during COVID-19 lock-down and in recent hearing the Judge has stated
Case status as Disposed and Nature of Disposal as Contested-Decreed satisfied in part
with Business recording as Both consuls absent hence for judgment kept and heard the plaintiff argument stating defendant no.3 to pay 26 lakhs with cost and sale deeds declared as null and void
and sub registrar directed to cancel. Draw decree accordingly.
Now what should I infer from this and what are the next steps I should take and is there going to be decree and judgment stage of the same and importantly how and when the court would help me obtain the money defendants are to pay.
As I am completely unfamiliar in legal matters, your learned advocates advice and suggestion would be highly appreciated
Thanks & Regards
Stephen
Raj Kumar Makkad
(Expert) 16 June 2020
Even though your lawyer might not be appearing in the court due to Covid-19 but even then he might not be refusing to talk you on phone and even you may meet him personally observing the guidelines of the physical distancing.
Anyway, as per the facts posted by you, your case stands partly decreed vide which the sale-deed involved in the suit stands set-aside for which even registrar has been directed to cancel it from the record. The defendant no. 3 shall have to pay you an amount of Rs. 26 lakh.
You are required to file an execution petition after 30 days of the passing of such decree, if you are satisfied with the said decree.
Stephen
(Querist) 16 June 2020
Dear Sir,
Appreciate your quick response with kind advice along with expertise insight.
As I had filed for ~ 26.75 lakhs site value + interest claiming 40 lakhs in the OS, however as per your insight does the court directing only 26.75 payable by defendant. If yes how and when does the legal hold like attaching property etc in bound defendant it he makes the payment and will the court help me in any way. And also are there any other stages to the case viz., order and judgment etc.
Appreciate if you can enlighten me and the confusion I have in my mind.
Thanks & Regards
Stephen
Raj Kumar Makkad
(Expert) 16 June 2020
Your all claims have not been accepted. Only Rs. 26 lakh without any interest has only been accepted. If you are satisfied with this amount then you have to file an execution petition, the notice of which shall be sent to the judgment debtor (opposite party defendant no. 3 in the suit) and he shall be asked to satisfy the decree, if he fails, only then his property shall be got attached and if you are not satisfied with the decree, file an appeal against it within the limitation.
Stephen
(Querist) 16 June 2020
Dear Sir,
Thanks you so much your patience and further clarification with steps I need to take.
Appreciate your help.
Regards
Stephen
Raj Kumar Makkad
(Expert) 16 June 2020
You are always welcome Stephen. Revert back in case of any legal requirement.
Dr J C Vashista
(Expert) 17 June 2020
Apply for a certified copy of the judgment and decree wherein the Court has awarded a sum of Rs. 26 lakh in your (plaintiff) favour for filing execution petition.
You are also required to approach concerned Sub-Registrar with a copy of order/ judgment for cancellation of subject "Sale Deed".
Stephen
(Querist) 17 June 2020
Dear Respected Sirs,
Once again many thanks for your invaluable inputs and suggestion.
Just one last point of clarification... As the defendant Advo didn't appear for argument hearing, as the case status mentions disposed, before applying for certified copies etc would the defendants still contest and drag the case further.
Await your suggestion to thrash any loop holes which defendants use.
Regards
Stephen
P. Venu
(Expert) 17 June 2020
Yes, first of all,apply for and obtain certified copy as well the decree.
Rajendra K Goyal
(Expert) 17 June 2020
Apply and get the certified copy of the Judgement / order and if appeal need to be filed may proceed for the same.
If orders are available online, download the same and discuss with your lawyer.
Raj Kumar Makkad
(Expert) 17 June 2020
Yes. The defendant can definitely apply seeking setting aside ex-parte decree but it depends whether he convinces the court leading to absence of his lawyer on the particular date. Such application is also required to be filed within the prescribed period.
Dr J C Vashista
(Expert) 18 June 2020
You are required to inspect the judicial file either yourself or through some lawyer (prefer lawyer) before proceeding further.
You have adequately been advised by experts, now it is your call.
Stephen
(Querist) 18 June 2020
Dear Respected Sirs,
I am greatful to all your expertise legal insights and wise advice.
y'day I checked in court website against my case and found judgement document link reference is also there.
As advised by you all I shall seek to obtain certified copy of the same and apply to accept the order/decree to enforce the execution. Meanwhile just a curious question would the defendants block or go appeal to high court OR would there he come for outside court settlement even now. The reason I ask this is bocz I have also filed crimial case against the same under 420B with charge sheet given by police and would this OS judgement can be used to ensure either he pay or face the criminal charges of improsonment.
Await your invaluable help.
Regards
Stephen
Rajendra K Goyal
(Expert) 18 June 2020
You said:
would the defendants block or go appeal to high court
Reply:
He has legal right to go for appeal, it is his decision.
You said:
OR would there he come for outside court settlement even now.
Reply:
Totally depend on him. If he do so, discuss full proposal from him, if received, with your lawyer.
You said:
The reason I ask this is bocz I have also filed crimial case against the same under 420B with charge sheet given by police and would this OS judgement can be used to ensure either he pay or face the criminal charges of improsonment..
Reply:
Criminal case is apart from this case, even after this decision, criminal case would not finish automatically.
Stephen
(Querist) 18 June 2020
Dear Sir,
Thank u v much. My understand got totally cleared with your pointed advice.
Regards
Stephen
Rajendra K Goyal
(Expert) 18 June 2020
Welcome, may revert in case of any further question on the query.
