Will Suit filed later affect the verdict of an existing Writ?
(Querist) 11 August 2008
This query is : Resolved
In June 2006, I filed a Writ of Mandamus to direct the Municipality to demolish the offensive portion of a building constructed on the boundary wall against the approved plan and rules. But the offender (while the Writ is in existence) three months later in September 2006, filed a false civil suit against me (with an intention of frustrating the Writ Petition) in a Lower Court and referred the presence of the civil suit in his Counter Affidavit in the Writ in November 2006 (5 months later).
The High Court rejected my pleading saying that there exists a civil suit on the property for demarcation of boundary. Against this order I filed Writ Appeal where, to prove that the Civil Suit is filed later than the Writ, I produced the copy of the pliant in the false civil suit filed by the offender. But unfortunately even after seeing that the Appeal was not admitted. Please help me how to proceed. And where all I can take-up this matter to get justice.
(Expert) 12 August 2008
yes, i understood your grievance,there is an infringement of your fundamental right,as such you have agitated before the writ jurisdiction.as the high court cannot conduct trial only the court which is having jurisdiction to try the civil dispute are civil courts.I advise you to appear before the court and contest the suit filed by the offender and get the suit dismissed by engaging alawyer in your place.
(Querist) 13 August 2008
Thank you Mr. podicheti.srinivas for your valuable suggestion.
(Expert) 14 August 2008
I concur with the opinion of Sri. Podicheti Srinivas, but you can file the copies of the writ petition and the orders in the lower court and confront the Plaintiff and prove his fradulent intention
(Expert) 18 August 2008
Sir if you confront the Plaintiff with his affidavit as well as the order of the higher court then you can succeed in the lower court by proving his malafide intention
(Querist) 21 August 2008
Thanks Mr. Podicheti Srinivas and Mr. Srinivas, for your valuable suggestion! I am proceeding as per your suggestion.
(Querist) 27 August 2008
Is there any way to collect all photo copies of the documents submitted both by the petitioner and the respondents including affidavit, memorandum, etc in Writ Appeal?