TSBehera
(n/a)
08 January 2008
Dear sir
My posting my case details;
[font=""Times New Roman""]Case History of Title Suit No 38 of 1988 filed by Late Sri Jagamoha Behera(My father),Plaintiff at Sub-Ordinate Court ,Bonai (.1988-1994) dt Sundergarh Orissa[/font]
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[*][font=""Times New Roman""]My father(Plaintiff) filed this suit for partition for joint hold family properties, being thrown out from joint business and joint mess around 1973-74.His two selfish elder brothers caught hold of all properties around 44acres of Agril. Land and 1.2 acres of Gharbari Land with different houses etc and a running medical business then at Bonaigarh, Distt Sundergarh ,Orissa. They and their sons harassed plaintiff and thrown him out. He was a below matriculate and wondered without much means to support himself and his family , however ultimately some how he could set up his own meager medical store to run his family and filed this suit in 1988 with the help of a lawyer at Rourkela and me when I just had completed my Engineering waiting for a job.[/font][/list][/*]
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[font=""Times New Roman""] His old father (Parents) remaining with his elder brothers could hardly do any thing and died in 1979 subsequently his mother died in 1984.[/font]
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[*][font=""Times New Roman""]there were four schedule of properties in the plaint as follows[/font][/list][/*]
[font=""Times New Roman""]A[/font]
[font=""Times New Roman""]share of his fatherΓÇÖs ancestral coparceneal property not divided amongst his brothers however held in possession of plaintiffΓÇÖs father[/font]
[font=""Times New Roman""]B[/font]
[font=""Times New Roman""]Held in the name of plaintiffΓÇÖs fatherΓÇÖs name[/font]
[font=""Times New Roman""]C[/font]
[font=""Times New Roman""]Properties jointly held in the name by plaintiff and his brothers[/font]
[font=""Times New Roman""]D[/font]
[font=""Times New Roman""]Properties held in the name of his brothers and their sons individual names[/font]
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[*][font=""Times New Roman""]The defendants D-1 to D-10, contesting ones (All being plaintiffΓÇÖs two elder brothers and their sons) submitted 4 written statements inter alia supporting each other with common pleas and common support documents. Their pleas are:[/font][/list][/*]
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┬╖ [font=""Times New Roman""]All properties either partitioned, or gifted or sold in the lifetime of their father[/font]
┬╖ [font=""Times New Roman""]Relied 5 exhibits of plain paper as follows[/font]
┬╖ [font=""Times New Roman""]Claiming properties as adverse possession[/font]
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[font=""Times New Roman""]Ext Q[/font]
[font=""Times New Roman""]Plain paper memorandum of partition dt 5.11.1975[/font]
[font=""Times New Roman""]Contains signature of plaintiff seems original ,but it contains a revenue stamp worth Rs.0.20p when its use came in around 1.12.1976.From this score this document is forged and fabricated .material contents corroborates other flaws too. Not dealt properly in trial court or in district court by the lawyer engaged then.[/font]
[font=""Times New Roman""]Ext R[/font]
[font=""Times New Roman""]Plain paper memorandum of sale dt 5.11.75[/font]
[font=""Times New Roman""]A property was sold to D-2 (,Sch A ).in consideration for Rs.2000/=but not registered. This is an u/r plain paper document with plaintiffΓÇÖs signature forged. Moreover D-2 is a state govt. gazetted officer,he needs sanction of govt for this purchase. This document does not contain signature of D-2 though sale and delivery of possession claimed by D-2.it is a fabricated document not pleaded by the lawyer then properly.[/font]
[font=""Times New Roman""]Ext S[/font]
[font=""Times New Roman""]Plain paper memorandum of partition exchange 8.12.1975[/font]
[font=""Times New Roman""]Document prepared forging signature of plaintiff showing some exchange of properties just to showthe land in possession of my father then[/font]
[font=""Times New Roman""]Ext T[/font]
[font=""Times New Roman""]Plain paper memorandum of partition 24.10.1975[/font]
[font=""Times New Roman""]Document prepared forging signature of plaintiff, subsequently deleted by defendants before hearing[/font]
[font=""Times New Roman""]Ext R[/font]
[font=""Times New Roman""]Plain paper memorandum of gift dt 24.2.1976[/font]
[font=""Times New Roman""]Document prepared in abetment of father of plaintiff and witness signing the document. It is not registered and in plain paper though a gift document is bound to be registered[/font]
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[*][font=""Times New Roman""]Outcome and decree of trial court in 1994:[/font][/*]
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[*][font=""Times New Roman""]Sch A to C ordered partitions[/font][/*]
[*][font=""Times New Roman""]Sch D not ordered partitions [/font][/*]
[*][font=""Times New Roman""]Ext Q to R treated unsafe to be relied[/font][/*]
[*][font=""Times New Roman""]Decree without costs[/font][/list][/list][/*]
[size=[font=""Times New Roman""]Appeal at District court at Sundergarh(1994-1999) 21 & 26 of 1994[/font]]
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[font=""Times New Roman""][size= ][size=1. ](a)D-1 to D-10 appealed challenging decree asking remand of the suit/appeal[/font]
[font=""Times New Roman""] (b)Plaintiff appealed challenging non partition of Sch D properties As advised by lawyer)[/font]
[font=""Times New Roman""]2. Judgment delivered in 1999, the case was remanded to the lower court for framing a separate issue if there was earlier partition or not adducing fresh evidence by both parties if any. And find out after purchase of Sch D lands if they were kept in common hotch-potch or not[/font]
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[font=""Times New Roman""]Misc.Appeals filed by D-1 to D-10 at Orissa High Court MA 54 & 55 of 1999[/font]
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[font=""Times New Roman""]1. D-1 to D-10 filed above two Misc appeals:55 by D-2 & D-7.54 :rests Ds[/font]
[font=""Times New Roman""]2. Our advocate entrusted spoke only one thing so many civil cases pending and he can hardly do anything .However he did not intimate reg.my fatherΓÇÖs death(2000) to the court nor LR substituted in spite of fees as asked paid to him .He told that substitution is the job of appellants subsequently and later on limitation passed!.[/font]
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[font=""Times New Roman""]I read CPC, CrPC and IPC 6 months back and as per my meager knowledge of law I found the following jobs not done by the earlier advocates either intentionally or they are not having adequate knowledge of law.[/font]
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[font=""Times New Roman""]1. Not filing criminal case against D-1 ΓÇôD-10 for fabricating exibits and giving false evidence u/s Cr.P.C 195(1)b,340(1) or submission of petition at trial court itself way back in 1988-90,because of this lacunae this case continued unabatedly.[/font]
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[font=""Times New Roman""]2.My High court advocate at Cuttack not taking actions for jobs like intimation of death of plaintiff and substitutions of LR? Nor did speak clearly on limitation when there is provision of substitution U/S 22 R 10 of CPC .and it was clear to him that the appellants will never substitute .The case ispending as of date at high court[/font]
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[font=""Times New Roman""]3 .I politely withdrew the case and handed over to another advocate 6 months back. As advised by him Criminal application U/S 340(1) to be submitted in trial court only and accordingly, I drafted the petition myself and filed at Bonai Civil Civil Court on17.8.2007 too without engaging any advocate there. However the presiding judge, Civil Judge (Sr.Dvn.) kept my application pending as the proceeding in the case is stayed with directives from High Court wayback in 1999. I read Ramnatha Aiyars Cr.PC to find the course of actions .It is required to file in repeat at High Court and accordingly I am requesting my current advocate to file this. I have given him the draft prepared my me with much toil and care that ,already been filed at lower court on 17.8.2007 even with relevant extracts from Ramnatha AyarΓÇÖs book but so far it is yet to be filed at High Court by him ...And he tells he shall be doing after winter vacations after getting certified copies of the forged exhibits. He tells he has filed the substitution petition.[/font]
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[font=""Times New Roman""]My objective of the case:[/font]
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[font=""Times New Roman""]Perpetrators of injustice should be dealt with law ,but 20 years has elapsed ! [/font]
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[font=""Times New Roman""]In the mean:[/font]
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[font=""Times New Roman""]1.While a boundary wall of the house of our existing house was being repaied on 2.6.2007,son of my fatherΓÇÖs elder brother threatened construction.Matter informed to police and ICC complaint lodged to SDJM Bonai?He is yet to take cognizance.Boundary remaining open as on date. I asked my high court lawyer to file Spl.leave petition but till now no results although he tells he has filed Misc.Case.I have filed with SDM.Bonai on 10.12.2007 for adjudication of dispute in Sec 145 of Cr.PC as the fact of actual position or status quo not maintained in Civil Suit by either plaintiff or defendants in their appeal.and it is breaching peace.No actions so far.[/font]
[font=""Times New Roman""]2. Another son of fatherΓÇÖs elder brother have started construction in Sch. Land.Matter informed to police with copy to SP,but no actions. Matter informed to my lawyer at Cuttack to file for stay,he tells he shall do after winter vacations.[/font]
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[font=""Times New Roman""]Immediate actions in my mind:[/font]
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[font=""Times New Roman""]1. to file an application u/s 151 cpc inherent powers for early disposal of appeal at High Cout of the defendants of lowere court [/font]
[font=""Times New Roman""]2. or Writ petition under certioteri or mandamus Art 227 of Constitution [/font]
[font=""Times New Roman""]3. or line of actions from you as suggestion [/font]
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[font=""Times New Roman""]my address:[/font]
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[font=""Times New Roman""]Tara Shankar Behera,[/font]
[font=""Times New Roman""]A-2,AB TypeColony,[/font]
[font=""Times New Roman""]PO Sarni 460447[/font]
[font=""Times New Roman""]Distt Betul MP[/font]
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[font=""Times New Roman""]Tel; 07146278407,9993926551[/font]
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[font=""Times New Roman""]I work as a Dy.Sales Manager with Coal India Ltd[/font]
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[font=""Times New Roman""]Please guide and help me[/font]
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[font=""Times New Roman""]TSBehera[/font]
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