puneet (businessman) 07 March 2012

Need help in joint property case

Hi all

One of my friend has filled a case against a person( his relative ) on basis of illegeally capturing his(my friend) part of land in joint property.His relative is in illegal possesion of that land for more then ten year but it is not yet constructed. so now after so many years my friend has filled a suit of permanent injunction after failed to make a settlement with his relative.

Now it is around 2 month no justice has been given to him whenever it is his hearing in court the other party is absent so the court postpond the hearing to next date. He is quite worried due to this and thinking he might have connection with employees in court.

Please suggest what he can do to have justice quickly and what action he can take if other party is always absent on hearing.

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3 Replies

niranjan (civil practice) 07 March 2012

If the deft.has not filed WS or reply to application and if three months are over you can submit an application to close his right and to put matter on exparte.

puneet (businessman) 10 March 2012

Thanks for replying. Can you also explain the process to change the lawyer or how he can directly approch the respected justice to quickly get the justice as his current lawyer is now saying him to 'sell his land' instead of fighting for his right. It seems to him that the current lawyer had a meeting with the other party and after that he said to him to 'sell his share of land' but he don't want to sell his share.

surjit singh (Assistant) 21 March 2012

Before adhering to the advice of Mr Niranjan made above, you should see whether the defendant have received the notice regarding the filing of suit, and the time limit of 60 and 90 days is from the date of receipt of notice issued from the court about the filing of suit. Legal battle is about interpretation of law accompanied with patience. The expectation of justice within a period of two months, is too much. Have patience for atleast 2 years after approaching court in a civil suit related to property in this indian legal justice system.