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prasanth kumar (abc)     17 July 2015

Appeal dismissed case

Hi Members,

 

i had filed and perminant injuction suit on 26 dec 2011 , defendents(mother) added witness(children) and declare property was owned through WILL. On 25/4/2015 my injuction suit got dismissed due to confuse in survey numbers unable to prove orally. i was notified in june 10th, a CA was filed in received in july 6th.

i want to apeal in court. now is it possible to file a title suit, declaration suit along with that because time limiation of title suit after defendents declared was more than 3 years question araises.

else go a seperate declaration suit

 

Need Suggestion

 

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     21 July 2015

Your question is not understandable. You have said declaration suit, then where is the question of title suit?  Then what is the declaration suit doing here when a title suit is already filed?

If the injunction suit was dismissed due to quoting of wrong survey number, you may with a fresh declaration suit quote the correct number.

1 Like

prasanth kumar (abc)     21 July 2015

Dear Mr. Selvan,

 

Thanks for your reply and Sharing valuable subject

 

Survey No. in the mother - link document stated 861, also same in field book. but there is a subdivsion of 861/1 and 861/2 in goverment records 861/1 recorded as municipal land, 861/2 the rest.

i had bought a piece of land from the guy title was clear(verfied by legal advisors) with survey no.861. the same peace land was again written as WILL with govt. survey no. 861/2.

We had filed a perminant injunction thought they grabbed our land later they produced the WILL in the court and cist receipts & adangals to prove their posession. as it is a agricultural land i just put the fencing poles neglecting adangals.

i lost the case because i am unable to prove my possession because i haven't paid taxes and updated in adangals. My lawyer argued it was rectified from DNo. 861 to 861/2

but still judge couldn't understand orally. according to judge 861 differs from 861/2 [like different addresses] so judge dismissed the case.

in appeal court can i produce furthur evidance ?

please kindly advise the future course of action. i googled many cases regarding they say apply for "Title, Posession & Perminant Injunction".

 

Thanks for reading again.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     21 July 2015

First of all you should have filed a declaration suit in which you could have sought injunction against the defendants from not to interfere in your peaceful possession of the property.  This clearly indicates that you were in possession though you have not paid taxes to prove possession. 

Now since the dispute is due to mention of wrong survey number hence the suit was dismissed, if that is the case you can prefer an appeal before the appellate court giving reasons for miscarriage of justice by which the trial court has not considered the fact of sub-division instead had wrongly assumed the other survey number as a fact, which actually belonged to a third party.

Ths apart, you mayfind more reasons for preferring appeal against the trial court's judgment, go through the judgement thoroughly and pick upthe grounds accordingly.

1 Like

prasanth kumar (abc)     24 July 2015

Dear Selvan Sir,

what you had conveyed is a fact, but defendants had made thier hectic effort to confuse the judge during arguments. i was collecting facts that in appeal court there won't be any subject of furthur evidence or asking for complete land survey to prove my posession.

my lawyer told me that defendant was not true owner of the property, but her kids through WILL. we should file a fresh declaration suit and recovery of posession.

and one more question always raise in mind. just ignoring dismissal of my injunction suit, does it cost me furthur ?

 

T. Kalaiselvan, Advocate (Advocate)     24 July 2015

You will not incur the cost due to dismissal of the injunction suit until and unless specifically mentioned about it in the judgement.  You May prefer the appeal as decided and proposed.  

Make sure that whatever you want to project in the appeal has solid grounds which were not considered by the trial court and thus you were aggrieved, hence knocking the doors of the appellate court. 

1 Like

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     09 August 2015

Recovery of Money was suit dismissed in favour of the Defendant. But, the issue of limitation was decided against the defendant / Respondent. No need for appeal. Can the issue of limitation be raised by the Defendant / Respondent in first appeal without filing cross appeal / cross objection?


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