Judgement was annoucend on 1 sept 2023, now

Farmer (Querist) 25 January 2024 This query is : Resolved
Dear Sir :

There was wall constructed by neighbor by occupying 3 feet , i approached court dated 1 Jan 2022, after couple of hearing i present myself at Hyderabad city civil court and judgement was announced in my favor, and by showing the court orders requested GHMC to dismantle the wall dated 12 December 2023, instead GHMC Officials gave information to my defendant about the court order. however the judgement instructed defendant to dismantle the wall, he was not present at court for 2 years.

Now after the case got forfeited (from 1st Sept 2023 - 90 days) defendant is filing a written statement and also condone the delay in presenting the petition filed for setting aside in the interest of justice. His intention is clear to drag the case, however he was least bothered to attend the court case, now taking action to waste court time & plaintiff time.

Case : Defendant land showing as 142 yards in the registration document, however his property documents measurement show is 143.5 (L X B), so court gave orders to dismantle the wall and defendant only should dismantle the wall, not to disturb the peace of Plaintiff and not to construct the wall in fornt of Plaintiff house.

my question is
1. How much time does it take again for further process
2. Will the court again open the case
3. Request for valuable suggestion for How to proceed further.
4. what might be the next step from plaintiff.

The Hon;ble court upon hearing the matter has instructed to take out notice to respondent / plantiff and file proof of service and posted the matter to 30 Jan 2024.

Myself Received notice dated 24 Jan 2024.

Follow Query

Report Abuse

Quick Summary

A court has ruled in your favour regarding a neighbour's wall that encroached onto your property. Despite the judgement on 1st September 2023, the neighbour, who previously missed court dates, is now attempting to reopen the case. You've requested GHMC to act on the court order, but they informed the defendant. The defendant is filing a written statement and seeking to condone a delay, seemingly to prolong the legal process. The court has scheduled further proceedings for 30th January 2024, and you've received notice of this. The key question is how long the process will take and whether the case can be reopened.

Farmer (Querist) 25 January 2024
...................................

Sudhir Kumar, Advocate (Expert) 25 January 2024
if it was proved that the notices were served to him he has no ground to re-open the case.

better view can be expressed only on perusal of all relevant papers.

T. Kalaiselvan, Advocate (Expert) 25 January 2024
1. If the exparte judgement set aside petition is allowed by the court, then the case will be taken up for regular trial and the disposal therein cannot be predicted owing to various factors.
2. Yes
3. You have to follow the procedures of law thereafter.

Farmer (Querist) 26 January 2024
Thank you so much for immediate Response Expertise.

T. Kalaiselvan, Advocate (Expert) 29 January 2024
You are welcome for your appreciations.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries