Opposing restoration petition of an appeal suit
Balaji Bakthavathsal
(Querist) 21 August 2022
This query is : Resolved
Dear Learned Lawyers,
I humbly request you to give your valuable guidance / suggestion in the following matter.
As some fraudsters attempted to grab our property with the help of some fake documents, we filed a civil suit in the lower court in the year 2010 seeking permanent injunction restraining the fraudsters against trespassing and mandatory injunction to the registrar for cancelling the fraudulent encumbrances made on our property. Since the respondents failed to appear before the court, the judge awarded an ex-parte judgment / decree in favour of us in the year 2016, granting the prayers sought by us. However, one of the respondent who is a mere power agent who obtained the Power of Attorney from another fraudster and whose power of attorney got cancelled by the fraudulent principal filed an appeal suit in the next appellate court immediately in the year 2016 itself and dragged the suit with the intention of of giving mental torture to us and thereby extorting money from us. We did not yield to expectation and patiently attended the case. However, the appellant did not appear in the court nor his counsel came forward to argue the case. After more than 6 long years, finally the appeal suit got dismissed by default by the appellate court as there was no representation from the appellant side. Now it is learnt that the appellant has filed restoration petition to restore the appeal. The notice is yet to be served to us.
Under these circumstances, I humbly request the learned lawyers to suggest / guide the best means to encounter the restoration petition ?
Thanking you,
With regards
Balaji
BHARTI KOTHARI
(Expert) 27 April 2024
other side has to file application for condoning the delay in filling the restoration petition where you can point out the court that this is delay tactics and they by dragging the matter are giving torture as such application be rejected
