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vijaykumar vadapalli   30 January 2025

Recovery of possession & title of immovable property

Sir, namaste. My wife filed a suit for recovery of possession & title of immovable proprty and submitted all relevant documents of the suit. The opposition filed vakalat and did not continue his side counsel. My counsel met process & finally suit came for judgement. Day before judge dismissed said suit saying UNCONTESTED. 

My query is to appeal further what is duration of time? This is given by junior civil judge of Andhra pradesh sir

Regards

Vijayakumar 



 20 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     30 January 2025

Did your council not say the time for filing an appeal?   90 days from the date of receipt of the judgment.

T. Kalaiselvan, Advocate (Advocate)     30 January 2025

It appears that the court has dismissed the suit for default and has stated reason as UNCONTESTED. 

THEREFORE INSTEAD OF PREFERRING AN APPEAL YOU MAY FILE A PETITION TO RESTORE THE SUIT BY SETTING  ASIDE THE DISMISSAL ORDER.  

Dr. J C Vashista (Advocate )     31 January 2025

Whether the suit is filed by your wife against "you", which is stated to have been dismissed as "uncontested" or "someone" else ?

If the suit is against you, the decision is in your favour, otherwise, it may be appealed within 90 days of judgment excluding time taken for supply of certified copy thereof. 

vijaykumar vadapalli   31 January 2025

🙏Namaste Sirs, thank you very much all for your valuable advises & very kind of you sirs.

Soon as receipt of Court order i shall contact you sirs.

With regards 

Vijayakumar 

Dr. J C Vashista (Advocate )     01 February 2025

You have not clarified the questions raised ?

vijaykumar vadapalli   01 February 2025

Namaste Doctor saab, the suit property is om wife's name and it was grabbed by a rowdy, in this aspect my wife filed suit for recovery & possession & it was dismissed by JCJ even though our counsel followed all processes & contested strongly as per law sir.

This was happened and we were victimized for no fault. That's justice in our country sir.

Regards 

Vijayakumar 

Dr. J C Vashista (Advocate )     02 February 2025

What does she (your wife ) want to recover?

When she has the title (ownership) of the property,how she lost possession ?

Show relevant documents to some other local prudent lawyer for proper analysis and advise 

kavksatyanarayana (subregistrar/supdt.(retired))     03 February 2025

what is this?

vijaykumar vadapalli   03 February 2025

🙏namaste doctor saab, my wife lost possession & filed recovery of possession & title of property as other person fabricated possession certificate saying MRO issued the same. Strong evidence was sought thri RTI act & Said official gave that fake certificate is not available in their record. That reply was produced in the JCJ court in our town and did not go through details of record. For all adjournments opposition had no representation. The judgement was reserved for 7 months & finally decreed uncontested. The judge should have given exparte decree but in vain. We were deeply shocked & decided to appeal further court in senior civil judge court in our town soon the order copy is issued.

That's the issue saab

Regards

Vijayakumar 

Senior citizen 

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

You can proceed with the proposed appeal if you feel that your grievances were not redressed

vijaykumar vadapalli   04 February 2025

Thank you Kalai sir, i should appeal to Senior civil judge court as grievances were not redressed as the property costs nearly ₹ 3 crores ( unofficial ). Official value could be around ₹50 lakhs. Thing is again i have to pay stamp duty on market value which is inevitable sir.

Regards

Vijayakumar 

Sankalp Tiwari   04 February 2025

The right thing to do would be to appeal the case under Section 96 of the Code of Civil Procedure as an appeal can be filed against decrees where cases have been dismissed due to procedural errors. Your wife produced all the documents in court and strictly followed court procedures, which works in your favor. Even though a case is uncontested, courts are expected to carefully go through the evidence. The Supreme Court in Balraj Taneja v. Sunil Madan clarified that justice cannot be thwarted by the absence of one party's participation and that the judges must give a reasoned judgment on the evidence before them.

Additionally, in K.K. Chari v. R.M. Seshadri, it was held that mere procedural lapses should not result in the denial of a fair decision if sufficient evidence is produced by the plaintiff. With this precedent, it appears that the trial court has erred by dismissing the suit without an adequate assessment of the evidence.

Appeal needs to be filed within a period of 90 days from the judgment date as in accordance with the Limitation Act, thus, urgency is necessary. It is here that in the appeal, it would be brought on the notice of your counsel that due to the procedural irregularity, the court wrongly considered the case to pass an unreasonable judgment.

Alternatively, although rarely availed of, one can seek redress by a Review Petition under Order 47 Rule 1 of the CPC, again before the same court if the mistake is patent and palpable on the record. However, appeals offer generally a stronger redress.

vijaykumar vadapalli   05 February 2025

Namaste Sankalp sir. Never expected such an affectionate advice from you Sir. Really it gave me great mental relief to me & my family members. I would proceed as per your valuable suggestion sir to appeal further rather than going for review which causes delay in time sir. Sir can i refer the citation of supreme court as mentioned by you in my appeal sir? I wish the blessings of Goddess ADIPARASHAKTI to you & your family members always.

Thanking you sir

With warmth regards

Vijayakumar 

 

P. Venu (Advocate)     06 February 2025

The facts, as posted, are less than convincing. The suit could not have been dismissed just because the defendants did not contest. 

Which Court? What is the Case No.?


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