How to remove particular survey number from a preliminary decree judgement
Radhakrishnan
(Querist) 16 May 2013
This query is : Resolved
My property suit filled in 2007(comprising of many Survey Numbers)for partition and for temp injunction was set exparte and preliminary degree was passed on 2010 by district court;appoint advocate comissioner to divide the property in equal measures by considering meets and bounds and allocate one such share to me.Mean while my siblings approached me in the year 2009 stating that one of our property particular survey number is abjoining to NH45 and there is a proposal from NHAI to expand from 4 way to 6 way lane through verbal means there convinced me to register that property to there beneficiary. In fear that NHAI may take over that survey no.I do agreed for registration and registration done in 2009.Later in 2010 at once the preliminary decree is passed i approached the court under section 153 r/w 151 CPC and expressed them that the particular survey number needs deletion from the preliminary decree stating the reason that the survey number
is adjoining NH and its in proposal for take over by NHAI.My petition is dismissed stating that no document to support.And i dont have any NHAI G.O or detailed project report to support my deletion claim.Through RTI act i approached NHAI to know the status of 4-way to 6-way lane expansion.The reply is the expansion project is in feasible stage.My advocate said this document wont help.Now i am in a knot.My advocate commissioner says without deleting the encumbered survey no he cant proceed.Now i am helpless.what can be done on this legally any solution?
Raj Kumar Makkad
(Expert) 17 May 2013
Furnish the only document cum reply of NHAI and if commissioner gets satisfied then it si ok otherwise after submission of the report of the commissioner, do challenge it and meanwhile NHAI may provide update.
Radhakrishnan
(Querist) 17 May 2013
I approached my commissioner with NHAI reply he said,unless that survey no is removed from decree he cant proceed further legally.
Any way to delete that survey no by stating any other reason legally ?
adv. rajeev ( rajoo )
(Expert) 17 May 2013
You can file a memo in the court by giving up the claim against that property.
