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Narayana Swamy (security)     21 April 2017

Trust property grabbed by government

We are having one Trust registered under non profit company Act .The properties of our Trust are gifted by Foriegn missioneries. One case was pending in the Supreme court filed by Government regarding 5 acres of Trust property which is under litigation and the supreme court dismissed the case filed by the Government.

           In the year 2010,again the state Government filed case in city civil court against our Trust that the land belongs to Government and the existing management committee of our trust not shown interest to attend the case and  several times they ignored attending the case and the judged dismissed the case for not attending the case and the Government grabbed the entire 5 acres Trust property and kept a board that the land belongs to Government,eventhough the Apex court dismissed the case previously.

          Now new management committee elected for our Trust, and now is  there any way to go for appeal to get the lost Trust property back ?Please help.

 

Thanks,

Narayana Swamy



Learning

 6 Replies

P. Venu (Advocate)     21 April 2017

The facts, as posted, are confusing. It appears that all the facts have not been disclosed.

Narayana Swamy (security)     21 April 2017

Sir,

  The only mistake is that our company advocates not attended the court properly,two or three times they were absent.This is the only reason the Hon'ble civil court dismissed the case. Please let us know whether it is possible to go for apeal ? If yes whether to approach High court or Suprem court ?

 

Thanks,

Narayana Swamy

P. Venu (Advocate)     21 April 2017

The facts posted, I am afraid, are unconvincing. If the defendant does not properly respond to a civil suit, it would be decreed ex-parte; not dismissed. Please ascertain correct factual position. 

Narayana Swamy (security)     21 April 2017

Sir,

Thanks for your reply.Sorry,ex-parte decree was made for not attending the case on multiple hearings. Any way for us to go for appeal ?

 

Thanks,

Narayana Swamy

P. Venu (Advocate)     22 April 2017

You have option to approach the trial court to reinstate the matter and to get the matter decided on merits. Such applications is required to be made within a period of one month, but the delay is condonable if sufficient cause is shown. Yes, appeal could be filed. But in all probability, the appellate court would only reinstate the matter and remand to the trial court for the matter to be decided on merits.

Narayana Swamy (security)     22 April 2017

Sir,

Appeal need to be filed in the same civil court or High Court ? Please clarify.

Thanks,

Narayana Swamy


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