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generalpublic (abc)     01 March 2015

Can i move this to lok adalat- ancestral land

sir,
i had hired a lawyer to fight a case against a grama panchayat that was trying take to over our ancestral land that we have been enjoying for the last 30 years. i had a travelling job and hardly spend few months(2-3 months) in the country in the last few years...this case was filed in 2011 and all that i  had received from the lawyer so far was only the initial suit filed. i have been getting only the below replies from the lawyer  -
1. you were not available - even though i clearly intimate him well ahead about my presence in the city for few months each time and he still messes up at the last minute saying we didnt have enough documents ready from our side to appear ,when am in the country..
2. judge is strict and not entertaining cases against govt land and let us wait..with this excuse he made me wait for close to 2 years.
when i demanded to look at the case bundle last time , i could see that we had continuously being rescheduled for close to 10 dates so far..
now,am fed up but need a smooth exit from this by getting all the case status so far ..and then think about a new lawyer later...i know for sure that he didnt appear for any other hearing after the inital suit was filed but i also know the EO from town panchayat has been attending regularly on this case on all dates.
so,is ther any way for me  to get what all the things presented on side of the opposite party so far  to get a better understanding before making a exit..does filing a RTI help in this case....if so,who should i file the RTI with.. also,after getting a exit from the lawyer, can i file it with lok adalat by myself.or can i just ask this lawyer itself to move this through lok adalat.



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 March 2015

Dear,, Firstly when its your ancestral property then how panchayat is claiming the same and why u need to fight a case .... You can apply for the certified copies of all the documents from the court and see what had happened till date ..... Where is the property situated? Lok adalar is declared by the courts themselves and they generally refer you to lok adalat and you can also move an application for settlement between the parties or refer the matter for mediation .... Kapil Chandna Adv 9899011450

(Guest)

From your descripttion, it seems either your lawyer is not presenting your case effectively or he is not sincere to render his service in the case. Better, you may change your lawyer.

 

However, till the case is in the court of law, you cannot file a case in the lok adalat.

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

You have engaged a wrong lawyer who is interested in money alone and not to prosecute the case as per procedure.  You have to change the lawyer  immediately to rescue your case from the intensive care unit.   Get back all the papers from your lawyer and look for a better one.  Your absence from the country or town is an added advantage for your lawyer.


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