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d.chandramohan (business)     12 September 2020

Reg appeal suit

In 1900 one property was bought by ranga founder and his brother in law nachiappa gounder commonly 24 acres,and ranga gounder with his brother ramaswamy has mortgaged the property,and revived the mortgage.later the heirs of ramaswamy by utilizing the mortgage had created patta in their favour,and filed suit for partition in 1993 and it was dismissed under order 7 rule11 no cause of action in lower court and consecutively in sub court it has be dismissed,later in 2010 the remaining heirs again filed suit for partition in district court claiming they were joint owner and joint contributor for purchasing of share,but it was dismissed under limitation act,but joint ownership was accepted,later in appeal suit in high court district court decision was set aside,and suit for partition was allowed,later we found a document that in 1911,ranga gounder and nachiappa gounder partitioned the land separately with allowing for common passage between the land,I.e bifurcation of land has occurred between rangagounder and nachiappa gounder in 1911 and they made a registered partition,now we have not produced the partition in any court,in this scenario kindly advise me how to proceed the case further


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 4 Replies

Dr J C Vashista (Advocate)     13 September 2020

You have already stated to be case(s) / suit pending before competent jurisdictional court being proceeded / contested through an able, competent and intelligent lawyer, who is well aware about facts and circumstances of the case(s)/ suit(s) what is her / his advise ?

Why do you need second opinion based on vague and confusing facts posted by you, except the fact is available FREE OF COST /

P. Venu (Advocate)     13 September 2020

The facts, as posted, lacks clarity. Please post simple facts avoiding assumptions, presumptions and personal opinions.

d.chandramohan (business)     13 September 2020

Thanks sir,

In appeal suit high court has allowed for partition,but we found new evidence,which say the property was partitioned earlier,how can we proceed sir

P. Venu (Advocate)     14 September 2020

Why don't you simple facts instead of subjective opinions?


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