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Tarachand   04 May 2017

How to recover possession of flat

Sirji/ Madam

  1. Ramesh filed RCS and Defendants No.1 and 2 both filed W.S. and admitted therein that Deft. No.1 is the owner of the suit Flat

 

  1. Status Quo Order was passed on 25-05-2005 against Defendants No.1 and 2  (Deft No.1 is Owner of Flat and Deft No.2 is the Secretary of Society respectively)

 

 

  1. Status Quo Order was regularly extended till 2011 and ultimately the Exhibit 05 was allowed in favour of Ramesh directing the Defendants No.1 and 2 to Not to interfear in peacefull possesion of suit Flat with Ramesh (Plaintiff). It is uncallanged and in force till today.

 

  1. Suit Flat was sold after 25-05-2005

 

  1. Hence Ramesh filed Application Under Order  39 Rule 2A of CPC against Defendants No.1 and 2 both

 

  1. Defendant No.1 alone filed SAY therein stating therein that actually his Father was Owner of the suit Flat and hence His Father sold the suit Flat.

 

  1. And the Application under order 39 Rule 2 A was rejected

 

  1. Ramesh filed Appeal

 

  1. The Appeal was allowed

 

  1. Appeal was allowed in favour of Ramesh and District Court held that the admission in Original RCS is binding on parties (Defendant No.1 and 2 both) in the offshoots, too

 

  1. District Court remanded back the Application U/O. 39 Rule 2A to the Trial Court which may take further 10-12 months

 

Sirji/Madamji

Ramesh immediately wants his Flat in his possession

What to do  ?

Guide

HARIOM



Learning

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