Reg- property dispute - court order execute
saravanakumar
(Querist) 18 June 2015
This query is : Open
Dear Experts,
I would like to submit a civil dispute case before you for the advice from you to save the client (plaintiff).
1. The disputed property is ancestor property. It has two legal heirs as brother and sister. Male heir was passed and he has three sons. The three sons and his aunty (own sister of his father) had jointly borrowed the mortgage loan from co – operative society bank. Hence, the aunty was default to repay the share of his loan amount.
2. So, the three sons decided to close the mortgage loan from bank and sale the property. Now, the defendants (three sons) approached to my client (plaintiff) to purchase the entire property. My client gave the money for defendants to close the mortgage loan. As per deal, the three defendants and his aunty closed the mortgage loan from bank and executed the registered sale agreement deed for entire property by three defendants except his aunty to my client on 21.07.2005.
3. My client requested to execute the sale deed from defendants but they deliberately refused. In this, my client filed the Specific Performance Suit on court, mean time my client and defendant compromised and received balance consideration by the defendants. The court had passed the decree in favour of my client on 18-08-2009. Court had given two months time to defendants for executed sale deed in favour of my client.
4. However, the case had been pending, the aunty (sister of defendant father) 3 legal heirs sold the half of property on 9.7.2008 to female third party and deliberately hided the court decree and sale agreement for the property to third parties (third parties are husband and wife and relations to all the defendants). And another half of the property was sold on 03.09.2009 by three defendants same as above way to male third party intend to cheat my client.
5. E.P filed by us. Defendants made fake memo for compromise and used fake sign as my client signature and submitted it on court. But the court was not recorded that memo.
In this situation, the third parties now filed the petition under section 47 CPC. I humbly request you to clarify the following questions.
1. Is 47 CPC is maintainable in this circumstance or not?
2. defendant parties suit filing time had already expired, hence the 47 CPC can allow or not.
3. Is there any possibility to execute the sale deed as per court order to my client? If yes, kindly explain.
4. Requests - Citation regard this.
Thanks with,
SARAVANAKUMAR.S
