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Eshwar (vv)     11 September 2023

Case on agricultural lands that got registered on basis of court decree.

This is regarding agricultural lands that got registered on my father's name on June 2023 based on District court decree obtained on 2020 after taking due legal advice from High Court of Andhra Pradesh Lawyer. My Father got rights over agricultural land through family agreement and he was under complete possession of those lands for many years doing agriculture however they were not registered until June 2023 due to lack of adequate funds for registration. His sisters filed court cases twice once in Sessions/Civil Court & In District Courts and failed to obtain judgement for partition of those lands due to Family Agreement produced before court of law. Now after 3 years, Feeling Jealous that my father obtained legal possession of those lands, they are threatening to file another case in court of law causing mental harassment to my 75 year old father. How can we refrain them from filing another case on my father ? If they do file a case how do we need to proceed further.  
 



Quick Summary
This discussion concerns agricultural land registered in June 2023 based on a 2020 court decree, following a family agreement and years of possession. The father's sisters, who previously failed in court to partition the land, are now allegedly threatening further legal action and interfering with a crop loan application. The advice suggests that while they can file cases, new actions might be barred by 'res judicata' if the matter was already decided on merits. The focus is on protecting the father from harassment and understanding how to respond to any new legal proceedings.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 September 2023

You cannot refrain them from filing any further case against your father or anyone.

They have rights to file any case against anyone but it is to be seen whether they are legally tenable and maintainable.

First of all the court will not entertain any case without any cause of action or rights for the litigant to file the case, hence if at all they file a new case you may challenge the same on merits, why are you scared about their threats. 

P. Venu (Advocate)     11 August 2025

In case the matter has already on merits, a fresh action does not lie. Such fresh action is hit by res judicata.  However, the parties can resort to appeal, revision, review etc. 


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