kiran sankar nath (individual) 07 August 2013

Whimsical order by a court

dear all,

kindly advice urgently .

approval of draft deed on the basis of sheristadar report is only pending for final disposal of title suit in

barasat court.sheristadar -in- charge submitted his report on draft deed on 05/12/12. but ld.judge are passing

baseless,unjustified order as follow just to linger the case for unknown reason.i summitted various petition

to approve draft deed. my advocate also moved bffore ld.judge. matter aere also heard.but he is so adamant

not to approve draft deed fixing date after date .pl let me know what i can do now.

1)order dated 18/5/13- sheristadar to cheak draft deed and report. fix 12/7/13 for sheristadars report.

2) order dated 28/05/13- let the petition kept with record.to date for order.

3) order dated 12/7/13- i do not find sheristadars report.fix 13/9/13 for sheristadars report.

note- sheristadars report dt 5/12/12 is lyng with running file of this particular case. ld advocate pointed

the same alongwith petition to the knowledge of ld judge.but of no use.

4) order dated 02/08/13- let the petition kept with the record.put up on the date fixed.

note- this is the standard of order by ld.judge. he have decided not to approve draft deed under any circumstaces.

pl help by your valuable advice.

KIRAN SANKAR NATH

KOLKATA

Reply Follow

3 Replies

Hemang (Advocate) 07 August 2013

"Draft deed" means what? Draft deed for what purpose? What is the matter about? Please clerify and eloberate the facts shortly to make effective opinion. Have you purchased the immovable property from court auction? If so, it is only a sale certificate issued. Any way, do tell me.

In the meanwhile, I would state that it is only one line order passed in day to day proceeding. The court cannot be expected to write chapter and the verse in "Rojnama". We should always maintain the court decorum irrespective of whether we like it or not. We should never brand any court, judge or an order to be sub standard publicly. If, we are aggrieved by any judicial order passed, it is always open to heavily criticize and put out view in appeal or revision.

kiran sankar nath (individual) 07 August 2013

dear sir,

i can only feel pain that i am undergoing due to adamant attitude by ld.judge.this is title suit for specific performance of contract against

defendents.as they are not registering deed in my favour in spite of court order earlier ,deed is to be registered through court. that is the

reason that i deposited draft deed as per court order for approval of ld.court so as to enable me to register deed through court to get clear and

absoluate title in favour of me in respect of suit property.is it proper on the part of ld judge to linger the case by passing such a stupid

order ? pl let me know your opinion in the case and oblige by giving your valuable advice .what step can i take to get approval of draft

deed early.

k.s.nath

Hemang (Advocate) 07 August 2013

I appreciate you anger. And I did elderly advice you to maintain decorum with the Court. I still see that you are unable to control your anger by writing unbefitting word like "stupid". This will harm you in a longer run in your life.

Your advocate will help out. He would make effective representation before the Court. When the draft is rquired to be submitted, the draft should contain the facts of the case, the facts about the transaction and the court order. Nothing more is required. Request the judge that draft is based on the agreement to sell and the court's order. Do not add any additional facs not provided elsewhere. At the cost of repeatation, I say be always consistant with "agreement to sell and the court order". Point out the consistancy to the Sirastedar and the court from the documentary evidence. The court will be readily convienced.