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Lohith YC   06 January 2023

Partition of ancestral property and charge sheet with ipc 420


In 2015, I had registered a OS in the court against my uncle's son for partition in ancestral property to get my share. Uncle is brother of my father (my uncle and father both are dead). Case is still ongoing.

In 2020, I got to know that my uncle's son had taken compensation voucher for the land acquired by railway by creating fraud documents (changed family tree). Either he didn't bring this information to the court or to my notice. I had to register PCR and after a year, charge sheet is filed under act 416, 418 & 420. Now CC is registered and accused was summoned. Accused attended first few dates and later absconding.  Now, court has issued NBW.

My question is -

1. How to bring to the notice of honorable court where OS is handled about Criminal Case registered?

2. Can my uncle's son appear for OS with NBW in CC case ?

3. Again in OS case, he is pushing the dates for no reason. Twice Plaintiff evidence was nil, he paid the fine and opened the evidence, avoiding his cross and delaying the case. What should be the next step ?


 2 Replies

Shashi Dhara   06 January 2023

You file application in o.s. to court to order to deposit the award money in court until suit is decided ,civil and criminal  cases are different ,both cannot be colluded.

Advocate Bhartesh goyal (advocate)     06 January 2023

( 1 ) Submit certified copy of chargesheet o O S 

( 2 ) Yes, your brothdr can put his appearance in O.S through counsel.

( 3 ) your counsel should oppose unnecessary adjounments.

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