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coolgowda   02 March 2017

Procedure to remove high court status quo

Dear Friends, 

I have a land In bangalore and have started the house construction. We had bought the land 6 years back. We had even applied for loan to buy the land, for which the loan was approved. Now again for construction we took the loan and was sanctioned.

 

But while constructiong, we came to know that there was some issues ( 2 cases ) with the land.Like it was a litigation site. 

Our owner reveled this dark secret recently. Taking this advantage, some third fellow has come up with random fake documents telling that our land belongs to his sister. The khatha number, survey number is completly different and also there is no proper documents. 

He filed a case against us in the civil court. The judge gave a judgement "based on the previous two cases, there is a confusion. SO, its until those gets resolved maintain status quo. No where its mentioned about this third party guy.

 

Against we raised a MFA in the high court. But now again the judge told" In the below court they have given the status quo, so let it continue. There was no provision for our lawyer to argue.

 

As we are constructing, its been really a problem for us . As we have brought the materials. 

 

Now, plz suggest what is the procedure to remove the status quo. Any chances ??

 



Learning

 5 Replies


(Guest)

Settle amicably with the third party, the new guy.


(Guest)

Settle amicably with the third party, the new guy.

Kumar Doab (FIN)     04 March 2017

‘Buyer Beware’

Applies to property deals.

The buyer should always go for proper legal opinion from a counsel specializing in property matters.

Later it also helps in protecting the interest of Bonafide Purchaser.

Kumar Doab (FIN)     04 March 2017

The seller has concealed from you.

Try by asking the seller to refund to you and check if agrees.

Avoid violating court orders.

 

Kumar Doab (FIN)     04 March 2017

If the decision in ongoing cases is not favorable (to you), what would you do!

The Presiding Officer has also noted the ongoing cases in order.

You already have your counsels.


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