GANGO PADHYAYA
25 December 2018 at 16:41
Sir
O.S.No. 1315/1984 Suit filed for Mandatory Injunction it was decreed on dated 29.08.1992, thereafter the defendant filed First Appeal bearing no. First Appeal A.S.No: 122/1992 it was dismissed on dated 23.02.1998,
Immediate after dismissal Execution Petition was filed in the year 1998 bearing E.P.No. 420/1998 in O.S.No. 1315/1984
aggrieved the order the defendant preferred second Appeal S.A.No. 336/1998 it was also dismissed on dated 16.06.2006.; due to ill health decree holder died on 2011
Plaintiff in her life time executed a registered WILL according to the said Registered WILL one of the item is the suit schedule property , due to lack of knowledge to plaintiff legal representative filed a new execution petition , in this after adding him as legal representative to the execution proceedings the Judgement debtor filed a Civil Revision Petition
Now I require that previous Execution filed in time with in 3 years of the Decree
The legal representative filed the Execution in the year 2016, to contest the Civil Revision Petition i require that previous execution petition in time hence there is no Bar to legal representative Execution petition , Legal Representative continue his execution proceedings
Regards
P. Gangopadhyaya
GANGO PADHYAYA
13 June 2018 at 22:34
Promissory Note should contain two signatures of the maker one for execution as provided under Section 4 of Negotiable Instrument Act and the other for cancellation of Adhesive Stamps under Section 12 of the Indian Stamp Act
I REQUIRE CITATIONS
GANGO PADHYAYA
07 November 2017 at 12:30
Sir
If a GPA executor dies , then the GPA holder terminates is happen
In this i need a citation in support of GPA not valid after death of executor
Regards
GANGO PADHYAYA
21 October 2017 at 22:55
I have a case that : A father filed the case on daughter to eviction
daughter after receipt of notice she has not appeared before the Court
Exparte Decree passed by the Court
After wards she was came with a application Order-IX Rule 13 with Section 5 Limitation Act.
290 days delay the Section 5 Limitation Act petition on merits it was dismissed by the Court
There upon she filed a civil revision petition . in pendency the father died , the CRP court passed the order as "The necessity for this Court to deal with the matter in detail is obviated, on account of the fact that the sole respondent is said to have
died on 01.04.2013. Had the petitioner been a third party, this Court would have insisted her to bring the legal representatives of the deceased respondent on record. She happens to be the legal representative of the respondent. If there are any other legal representatives to the respondent and they intend to execute the decree, it shall be open to the petitioner to renew her efforts to get the decree set aside. In such an event, the order under revision shall not be treated as final and this Court permits the petitioner to put forward her contentions afresh.
During the life time father executed a registered will in favour of his son.
As a bonafide successor In the year 2014 the son came with a application in execution proceedings substitute him in place of Original decree holder, After filing this petition court issued notice to the defendant.
Defendant appeared before the court and taking several adjournments
In the year 2017 she again came with Section 5 2943 days delay filed a petition along with this without adding the legal heirs filed another petitions Order 22 Rule 4 and Order 22 Rule 9 no proper cause title .
She played a fraud and now the execution proceedings stopped.
Guide me how to defend the fraud lady
with citations
Regards
GANGO PADHYAYA
29 October 2016 at 11:57
Good Morning I would like to know that : Two Family Court cases are pending (i) one for Divorce (ii) another for Guardian these two filed by HUSBAND against WIFE. Here the husband is second husband for the wife, they married in a temple in the year 2002 The wife filed a false report before women police station alleging that for additional dowry and another is illicit relation my request is that already in Family Court cases pending , she has to appear and contest her case Is there any PROVISION OF LAW Call / Transfer Women Police Report before the Family Judge . Till date no FIR registered only the counselling are happening , the matter adjourned to 31-10-2016 For amicably to prosecute the said women police station report case before Family Judge i request the provision of law and if any petition formats
GANGO PADHYAYA
10 February 2016 at 16:05
I purchased site in the year 1984 After wards the land is in my possession : in the year 2006 I gave site to a builder for construction of Apartment
In due course of Apartment construction : full PLAN approval is there and flat were sold out : only 8 flat left to my share : Now I want to sell one of my flat:
My survey No: 30/1 & 30/2
The Under Section : 22A Registration banned survey No is : 30/1A
When I approached the Registration : the office people objected to register my Apartment Flat:
NOW WHAT CAN I DO FOR THIS: IS THERE ANY GOVERNMENT ORDERS FOR REGISTRATION MY FLAT
Regards
GANGOPADHYAYA
8008537885
GANGO PADHYAYA
15 April 2015 at 22:47
Sir
Father filed a Civil Suit on her daughter for eviction and 2007 while pending a case he executed a registered will in the year 2007 to his son suit is decreed in the year 2008 there upon father filed execution petition while pending execution petition father died:
At this juncture the Son came with WILL and filed Section 50 CPC petition as proposed Decree Holder in the Execution Petition
Upon pursuing the petition Judge asked the proposed Decree Holder according Section 68 Evidence Act WILL in Execution Proceeding : WHAT THE DECREE HOLDER CAN DO..
TO IMPLEAD IN THE EXECUTION PETITON AS DECREE HOLDER
NOW THE PROPOSED DECREE HOLDER WHAT ARE THE PRECAUTIONS CAN FOLLOW
GIVE CITATIONS AND SUGGESSITIONS
GANGO PADHYAYA
13 April 2015 at 22:40
Sir
My client was born in INDIA and studied upto VIII standard : his parents all are residing in INDIA only
And he belongs dobhi family : due to financial situations their parents unable to continue education they send to Bangladesh (he was minor while he leaving INDIA with out pass port) for to work as dobhi in RICH Family houses and simultaneously continue education there :
There he completed 10, 11, 12 classes education and while return to INDIA he attained major and CAME to INDIA with Bangladesh Passport (Student Visa)
After Expire he remained in India in such circumstances he was arrested thereupon he got BAIL , thereupon he was now INDIA
NOW: what type procedure to prove he was an INDIAN and what is way to return the PASSPORT to Bangladesh Country
In Foreigner Act Section 3 A: Power to exempt citizens of Common Wealth Countries and other persons from application of Act in Certain Cases:-
What are cases to file before High Court to get reliefs to resolve dispute
Only Quash Petition filed before A.P High Court it was pending
GANGO PADHYAYA
17 January 2015 at 21:09
Sir
In the Visakhapatnam, Andhra Pradesh
Sri Krishnapuram-Tribal Colony, Chinnagadili Mandal, Visakhapatnam
The Tribals are residing from 1978 onwards the Government granted pattas in an extent of Ac 0.05 cents to each person for house and an extent of Ac 1.0 for cultivating
Due to illiteracy of the people they misplaced the pattas now they become hope less people
The NON TRIBAL MONEY PEOPLE entered and putting rival claims in between them
The Non Tribal himself declared as president
NOW the tribals become slaves to him by way of alcohol drinks how to get solution for this
In these circumstances the tribals making quarrels in between them
Still the tribals have no municipal tax, electricity, water connection etc
what they has to do....
To get out from slave life as well as to get authorised pattas, municipal tax assessment, electricity connection on their name
Make suggestion and suggest a proper channel
Regards
Gangopadhyaya
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Stay
I filed quash petition in High Court unfortunately stay has not granted
Now i am filing petition in lower Court under Section 407 (6) CRPC read with 309 CRPC.
Section 407 (6) CRPC : "Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose:
Provided that such stay shall not affect the subordinate Court' s power of remand under section 309.
OR
If Not
What is the provison to lodge stay petition in lower Court in respect of NI Act case
kindly guide me