There is a property dispute between my mother and his brother. we issued a notice to him, after some days
he came to compromise and judgement is given by city civil court chennai based on the joint memo of compromise. In the judgement it is said that
The defendant(mother's brother) agreed to construct a seperate entry for their 1st floor of his property and to cut off the drainage line which comes through our property on or before 15/02/2010.
More than a year passed he has just build a seperate entry, but the drainage line is not cut off. when my parents contacted our lawyer, he is not giving proper response to them. One day he said that he will again issue a notice to him, regarding this my mother signed some blank legal papers , as he said he has not prepared the notice and another paper called "Decree holder hereby apply for execution of the decree herein set forth",he gave this xerox copy to us, which stated every thing right from Suit number to Mode in which the Assistance of the court is required. Now lawyer saying that the issue of notice will take nearly 3 months.
In the "Mode in which the Assistance of the court is required" he quoted that To direct the defendant to cut off the drainage line which comes through our property, Failing this Hon'ble court may be pleased to issue warrent to cut off the drainage line, as per compromise decree. Under Order 21 Rule of CPC
Is it correct to issue this kind of notice to defendant after the last date to construct a seperate entry and to cut off the drainage line has expired. If not what kind of notice to be issued?
whether the lawyer is misdirecting us?
Before judgement, The defendant lawyer keep on lobbying with our lawyer and finally defendant came to compromise as the fault is with him. Also mother's brother has very good political, money and muscle power with him.
So i decided to meet the lawyer by this weekend. what are the thing i need to ask him for this issue? what step i need to take next.
