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Queries Participated

M Satyanarayana   23 October 2018 at 14:54

Warrant case sec 420

SIR,

I am charged under criminal offence under section 420 IPC falsely by my relative to compromise the land in dispute and it is purely a civil case. Unfortunately, I filed quash in hIGH COURT and decision is awaited for last 5 years. In trial court the complainant is not appearing. The stage of my case is evidence for prosecutuib before charges and warrant summons issued to me. I am attending the court just for dates for the last 6 years still there is no way for my accquital or discharge or closing of the case. Please kindly show me what are the remedies for warrant case for discharge.

Thanking you,

M.SATYANARYANA

M Satyanarayana   21 November 2017 at 12:57

Unregistered document before court

Sir,

In my case the opposite party filed unregistered document of my execution which is liable for stamp duty.As I opposed and denied the execution but opposite party insisted for sending the disputed signature to expert handwriting for arriving at genuineness of the signature on the disputed document. As per the request of the opposite party court was obliged to send the document after impounding for payment of stamp duty. Unfortunately for some unknown reasons the opposite party not paid the stamp duty. Two questions arise, firstly what will be the status of such unregistered document not paid stamp duty for evidence. Secondly the unregistered and unpaid document is destoryed or defaced or return to the opposite party. The registration office is bound to sent the unpaid unstamped document back to the court or it is retained in the registration office.

Please kindly advise.

M.Satyanaryana

M Satyanarayana   16 November 2017 at 15:43

Application for final decree in partition suit

Sir,

I filed application for final decree in the same year after preliminary decree and opposite party prolonged the litigation by filing bogus documents now after 5 years documents were proved false and preliminary decree stood as it is. What is the limitation for filing final decree petition. My counsel due to negligence could not continue the proceedings remained absent for long time and my application was dismissed for default. Now again I filed application for final decree proceedings, judge neither restored my application for final decree nor rejected the appliction for final decree. When I contacted my counsel he is telling the judge is giving dates and not passed any orders. In such situation to whom i should contact to know the status of my final decree application. Please kindly advise.

Thanking you,

M Satyanarayana

M Satyanarayana   06 November 2017 at 11:31

Fraud to grab co sharer property

Sir,

I filed along with my father partition suit against my sister. My partition suit was allowed and we got 1/3rd share each. My sister appealed in Supreme Court which was dismissed. Against she went for Revision in the appellate court in Supreme Court. The partition suit is closed.

After Supreme court dismissal of my sister's appeal in the Supreme court I issued Public Notice in bilingual editions warning about my sister's fradulent dealing and creating false documents.

Unfortunately my sister created relinquishment deeds while filing final decree proceedings claiming she has discharged and satisfied the decree hence final decree be passed in favour of her only. I opposed and denied any such arrangement between myself, father and my sister. Every criminal makes a mistake. My sister mentioned the execution of document after dismissal of SLP and left to mention she has gone for review also. The time gap between SLP dismissal date 12-07-2010 and Review Petition date 15-12-2010 which is about 5 months. My sister has filed review petition after publication of the public notice.dated 20-07-2010 and alleged execution date 27-12-2010. The document shows execution is after dismissal of SLP.

The public notice in the newspaper about fradulent dealings by my sister will valid to prove the alleged execution of the document. There is long gap between my Sister's SLP and again her Review Petition. Please do inform whether such fradulent document will hold good.

Thanking you

M.SATYANARAYANA


M Satyanarayana   12 October 2017 at 11:24

Final decree proceedings in partition suit

Sir,

I got preliminary decree in a partition suit. I applied for final decree proceedings as per the preliminary decree to appoint advocate commission. My counsel did not deposited process for some reasons inspite of reminding by the court and got delayed. My counsel filed restoration petition. My restoration petition for final decree was opposed by the other party. The case was posted for arguments and the same is closed. Now my counsel and myself are waiting for orders for last two months. My final decree application does not attract limitation act and it is an application in a pending suit. Further there is no appeal pending in any court still the trial court is not pronouncing the order inspite of my counsel requesting for order. Why it is delayed for pronouncing the order is not understood by my counsel or myself. Please kindly advise what to do to expedite my final decree proceedings.

Thanking you,

M.Satyanarayana

M Satyanarayana   31 August 2017 at 11:08

Return of Original documents

Sir,

I have filed original documents relating to my partition suit in the court. Now the court passed preliminary decree. Can I request the court to return the original documents.

Please kindly advise.

M.Satyanarayana

M Satyanarayana   10 July 2017 at 13:30

Condonation of delay and limitation act and decree

Sir,

After preliminary decree in the partition suit the opposite party filed appeal at the apex court which was dismissed further review petition was also dismissed. I filed in the year 2011 application for Final decree, metes and bound and possession of my shares in the trial court. The opposite party on one pretext or other managed to prolong my applications for final decree till my dismissal of my application. Some months back my counsel reported me my applications were dismissed for non appearance of my counsel and myself. My counsel informed me that I have to file restoration petition with condone delay petition under limitation act. I obliged restoration petition was file with condone delay petition of 65 days and the opposite party filed counter. On the date of hearing for argument I was informed by the Judge that the opposite party took next date in my absence and judge given me next date in absence of my counsel who told he is attending some other work. I came to know from sources that an application for Final decree, Metes and Bound and mesne profit is an application in a continuing suit and such applications even dismissed for default is not governed by limitation act.

Please let me know correct information so that I can arrive at correct conclusion. My counsel is not disclosing the correct information regarding my case.

Thanking you

M.Satyanarayana

M Satyanarayana   10 July 2017 at 10:51

Examination before charges

Sir,

There is false and fabricated case against me undersection 420 i.p.c. for receiving cash payments from the complainant on Rs.100 stamp paper with my forged signture relinquishing my share in the property in her favour unfortunately she is co-sharer in partition suit. I am falsely implicated in the case. Some two years back I filed quash petition in the high court for quashing the false charges against me. The hon'ble high court passed orders to give notice to other side after that the matter has not come to the bench yet after two years. Now when the high court has not stayed nor decided my quash petition and when I have to appear in the trial court can the trial court wait for my quash petition to be decided or it will proceed in the case against me. In case the trial court proceeds my quash petition will become futile. I am not knowing what to do.

Please inform what is to be done in such case.

Thanking you,

M.Satyanarayana

M Satyanarayana   20 May 2017 at 10:09

Resistance for metes and bound

Sir,

Please I want to know whether a Civil judge has power to give police protection including appointment of commission to the Degree holder and to their men in the partition suit during the metes and bound after declaration of preliminary decree. Which court/office is competent to provide police protection when there is threat to the decree holder in civil cases.

Thanking you

M.SATYANARAYANA

M Satyanarayana   19 May 2017 at 16:52

Partition suit and taking possession

Sir,

I am confused a bit, as in partition suit there is remedy if the defendant obstruct to the decree holder he can file application for removing obstruction for possession of his share. What is the remedy if the defendant is obstructing Commission for metes and bound, Do the decree holder file application for obstruction by applying the same law or there is any other remedy. So far I find there is no law to prevent adamant and frivolous defendant for obstructing metes and bound measurement people. If anybody knows please let me know that.

Thanking you,

M.SATYANARAYANA