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Usha Venkatesh   17 January 2022

Misuse of judgement copy

I would like to present one such of misuse of judgement has been registered in a registrar office (land/property registration).  Two people filed a (OS)case against each other in the name of dispute in a certain property withholding information to their convenience.  We being a right holder asked to include us on the case which is not allowed, instead the parties sought advance hearing and requested to end the dispute mutually.  The judge for whatsoever reason, gave them the judgement which favored them.

Our IA was simply rejected. We filed a fresh suit. When this process was going on, the two people went to register the properties in their names with only the judgement copy in hand.  Clearly the two people colluded to mock our justice system and faked dispute to get a favourable judgement.  Now on the facts of the case: A certain ancestral property belonging to Mr. S (ancestral to him) has a son (sg)and a daughter(y) . Daughter died in 1950, but survived by a son.  The property was partitioned in 1957  equally by father and son without any consideration to the daughter.  The y's son(K) is the sole survivor who is made legal heir to y's mother's property along with sg. But the share which was kept by Mr. S for K is somehow willed in favor of Sg' two daughters. (Somehow, will not probated,). So the entire property taken over by sg and his family. 

However to overlook k's right,  the daughters of Sg on his passing away file a case disputing each other and get a judgement to share the property equally among themselves.  Who all colluded in this  process is open and shut.  A clear mockery of the loophole in our justice system.  Ain't it?  Why was legal heir certificate not asked by the judge who gave the judgement?  why the registrar office did not seek any other valid documents? Is the judgement copy enough for registration?  They also say that it is not an ancestral property? How does that sound?   What will happen if two or more people collude to get such judgements and get the rights to the property? An eye opener for all the property owners and our justice system. 

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 1 Replies

P. Venu (Advocate)     17 January 2022

You may approach the High Court under Article 227. You can as well bring the matters to the administrative side of the High Court or the District Court.

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