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How to file extortion case

(Querist) 12 April 2017 This query is : Resolved 
Dear sir,
Myself having a Civil suite filled on me in 2015. And in the suite plaintiff has asked for the stay . But his stay application is rejected. And now the case is issue stage. But the plaintiff is harassing me like any thing. First he placed the notice board on my property stating that no one should buy property in my project. And he is having Civil case filed on me. The he had panted the same matter on my property. And he is asking for some huge amount to settle the case out of court. Since I had done any thing wrong and I am sure that I will win one day. Then Why should I settle the matter out of court.
Now the problem is when I approced the local police station with all this story. They are not ready to take any action against him. They say that they can only file traspressing case on him.
My question why only trasspresing. Why not extortion . Please somebody help me. And guide me please.
Guest (Expert) 12 April 2017
Request your Advocate to file a Petition regarding this in detail in the Same Case which is Pending in Court with all evidences of his Claims.It would strengthen your case and Let your Advocate Plead for Urgent Hearing of the Case.
Adv. Yogen Kakade (Expert) 12 April 2017
I agree with mr. Rajkumar
parvez (Querist) 12 April 2017
Sir I want to ask while filling petition I can also for stay on plaintiff from court . So that I can stop him entering my premissis.
Guest (Expert) 12 April 2017
Certainly Please
parvez (Querist) 12 April 2017
And sir my next date is on 28 June. So when I can I file petition. Before my date or on the date.
Susmita (Expert) 13 April 2017
Kindly take action before the next date as the plaintiff try to evade natural justice.
parvez (Querist) 13 April 2017
Sir actually I consulted my Lawer and said him to file the petition. But he said we can't file it. And in this case we can't do anything bcoz plaintiff is not coming forward to fight the case.he says that every thing is on plaintiff. If he come forward and start the hearing of the case then only we can take action.why I asked him why is this so he said" since the temporary stay request of plantiff is rejected " and oder is in our favour we can't request judge for fast hearing of the case. Is this true. The whole case Is depended on plantiff and as per his wish case will progress. And defendent is helpless.
Guest (Expert) 13 April 2017
Your Advocate is Very Much Right and even if the Other side is not attending the court the Court would Order Ex Party decree which would be Mostly in your Favor.
parvez (Querist) 13 April 2017
Sir now how time it take for court to pass ex party decree. My case was started on jan 28 2015 and plantiff stay application was rejected on 24 Feb 2015. And from that day the case is on issue stage. And can myself appeal in court for ex party decree .
Guest (Expert) 13 April 2017
Your advocate should plead for Urgent Hearing.If the Other side is not present for 2 or 3 hearings your advocate should plead for News Paper Publishing and then the Court would decide Ex Party.In your Case you being Defendant/Respondent you need not Opt for News Paper advt and your advocate could directly plead for Ex Party Orders if the Plaintiff is not responding or Present for 3 hearings.
Susmita (Expert) 13 April 2017
If the plaintiff is not coming forward then court will dismiss the case and order will b in your favour. So request your lawyer to plea before court to dismiss the case as the same is pending since long. There is dismissal of suit when plaintiff not appears. There is no need to go for any appeal.
parvez (Querist) 14 April 2017
Thanks narasimha ji and thanks susmita ji for your advise. May Allah give you succes in your all work . Thanks once again.
parvez (Querist) 14 April 2017
Sir my case is on issues stage for last 2 years. So at issuse stage my lawyer can request the court for dismisal of case or he has to wait till hearing start.
Guest (Expert) 14 April 2017
Refer my Last Post.You are Welcome.
parvez (Querist) 15 April 2017
Sir actually I want to ask that if the case is on issue stage. And at issue stage can we appeal for ex party oder or request for dismisal of case. Or we have to Wait till court draft the issues.
parvez (Querist) 15 April 2017
And sir Pls tell me the way how I can find out that myself and plantiff attendance record of all date in court without the help of Laywer. Bcz I want myself to investigate who is attending the hearing and who is not.
Guest (Expert) 15 April 2017
In all the Courts the Case Diary would be there which could be referred by any one with out any objections.Check with that. You could also verify with the website of the concerned court.
Guest (Expert) 15 April 2017
As Rightly Advised by Expert/Advocate Madam Susmita normally the Court would only Dismiss the case and you/your advocate could Plead for it.


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