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MahendraKumar.H.Trivedi (Valuer)     02 September 2018

No defense evidence stage given

Sirs In a case being faced by me previous lawyer double crossed me, New lawyer wouldn't perhaps go out of way to defend me / end the matter as although suit not tenable as per my own study , but because suit property has shot up and can turn out to be milking cow if kept going on. I am outsider. My lawyer hired by my late poa. never informed of status quo and even did not inform me when trial began. Suit filed in 2006 , issues framed in. 2013 After giving WS plaintiffs in 2014 have complained of alleged breach of status quo under 39 2a and date of breach alleged is 2008, no complaints was filed when issues were framed in 2013. Suit was for title declaration only. The above happened because plaintiffs were never in possession of suit property as stated on oath in ws and now apart from contempt application, plaintiffs have sought to modify the complaint seeking possession and impleading possessors ( his illegal tenants and actual possessors) Despite plaintiffs being unregistered firm. court turned down 7/ 11 prior to tjrial but in issues framed one of the issue reads " is suit barred on account of non registration of plaintiffs firm" Further one partner out of two died in 2011 before issues framed, yet one issue reads do the partners of the firm prove that they are partners of the firm" In ws even after death of one partner, surviving partner recorded statement as an existing partner in 2014 and in 2015 he files contempt application as he comes to know that suit property already sold , also applies for modification of complaint for possession and adding possessors as defendants and contemners I am not served notice, summon, nor given defendant evidence. PEV continued till 2017. In 2018 hearing started. Contempt application not replied by my previous lawyer and left my case Out of fear I approached plaintiff / only surviving partner who demanded astronomical amount. Plaintiff surviving partner has confirmed in cross examination that said firm was not registered and the said business was never carried out. New lawyer says will contact you when required or shall try for compromise if plaintiffs are reasonable. But later on I have on my own study strongly feel case is not tenable. Ten hearings have gone. Case status reads business done S, next purpose heating. Clearly something fishy, Two necessary parties who actually signed the disputed sale agreement my poa and partner of unregistered firm are no more. It appears that plaintiff wants to trap me reach to possessors to extort big amount but due to numerous loopholes he is not getting anywhere or his lawyer is misguiding him. I am writing again as anonymous , I am 65,, knowledgeable and affordable but can not do anything. I feel there is no need for me for out of court settlement. Kindly advise how to get out of the mess. Regards and Thanks


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