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D G Raghunath   29 September 2017

Delay implementation high court order

in 1995 High court canceled sale deed that given Municipality in 1979 but municipality did not take any action on the purchaser till today. Now Municipality have rights to implement high court order of 1995.


 10 Replies

P. Venu (Advocate)     30 September 2017

Please post the material facts.

surendra prakash agrawal (advocate)     01 October 2017

It is not clear whether it is a declaration suit or possession suit. These days some properties are having several Sale deeds (even registered) but we have to examine as to which one is original. There are common scams of such type. This is main reason of Non Performing Assets (NPA) increasing and not recovered. This flood, if not arrested by Govt. or RBI etc may cause heavy losses in the society.   

D G Raghunath   03 October 2017

Municipality made rasultion to sale a site to a person in 27.9.1979. Accourding to the municipality instraction that person remited the cost of site to the municipality after that municipaality gave registerd sale deed to that person. he took permission to construct a building on that site municipality gave permission to him in 1980. one of the municipality member filed writ to the high court to that sale is illegle in 1983 that high court accepted the writ and siat that sale is illegale cancaled the sale cerificate in 1987 .

in 1991 writ apeel filed to high court that court dismissed in 1995  the writ apeel. The party sold his praprty to my Grand mother in 1992 without diclosing the court case. In 1992 the municipality changed the khata to my Grand mother's name according to purchase deed. in 1995 municipality gave to my Grand mother to  re constraction permssion and gave bulding complisatin certifiate in 1995.

My Grandmother passd awy in 2002 after that municipality changed the khath to my name according to Will dee and till today municipality did not bring the notice to me about court order. After 22 years suddenly they issued notice to remove my name in the khath,  keep thire name in the khath and further will take nessary action. 

is it possible to remove my name in the khatha? Have rights to Municipality  to take nessery action on this issue ?

Since 1979 municipality have no possition on this property and we are paying tax every year to municipality.

Kindly guide me.

With regards.


Usually the execution of a Civil Degree is to be implimented within 12 years from the date of such judgment.

But here the Hon'ble HIGH  Court has passed the order and it seems it was not set aside by any Higher Court.  Thus it has reached finallty. So the Municipality is right in implimenting the said order. But you have a right to approach the Hon'ble High Court for staying such action by the Municipality at this belated stage without any reasonable ground.

D G Raghunath   15 November 2017

Dear sir, I am very happy with your opinion,  I have  filed to get permanent injunction order form lower court. Now I have taken Interium Order of temprovery injunction from lower court In October2017.   Is it nessery to approch the High Court to get Stay Order? I had taken an order from High Court in 2014 that order is not to demolish the said building and issud the notice to The Commissioner City Muniicipaity but till today case is pending and  they need some portion of building for road widning. 

Kindly guide me.

With Warm Regards.

D G Raghunath.

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