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Dr S D Mnay (MD & CEO)     19 May 2011

Victim of judgment

I was one the 3 respondents, Father & Mother and self in an ancestral property dispute filed in 1974.   The petirioner was another son, i.e my brother.  A judgment was pronounced allowing 1/3rd share in the ancestral property in December 1978.   Other 4 married sisters were also discussed at length at the time of hearing.       As the property was impartiable I, my parents and the petitioner enter into a Compromise Deed, as per which I paid 1/3 value of the property to the petitioner and my parents relinquished their right in the property, thus I got the 2/3rd shares and along with my 1/3rd share, I became the absolute owner of the property.   The Compromise Deed was executed and decreed in the court and signed by the then Hon,ble Judge.   As I lived elsewhere, my parents lived in the said property and municipal records still stood in my father's name   On the death of my mother, in 1994, I applied for transfer of Khataa to the Municipal authorities to my name submitting the 1978 Compromise Deed and Decree of the court.    Accordingly my name was entered into the records of Municipality in 1995 and also Land Reveune Department records.  My father lived with one of his daughters and died in 1999.   In 2003 I gifted the property to my wife, who is the absolute owner since then.

In 2004, my brother, the petitioner in the above case and one of the sisters filed a suit in the same level court as above, claiming share in the property of their father, who had relinquished his rights in 1978.   I have deposed and it is on record accordingly.    Unfortunately in 2009 the Hon'ble Judge has ordered the property which I do not even own, to be divided into 18 parts, when it could not be divided into 3 parts in 1978 and a Compromise Deed was entered into and Decreed by a Jundge of same level court.     In passing the orders, the judge did not even bother to look into the documents and that he is superseeding the judgement of another judge of the same level court.   I am unnecessarily subjected to entanglement to appeal in High Court, which is yet to come for hearing.   I am 73 years now.   Why not the advocates responsible and the judge held accountable for the lapse and punished by law, when doctors are held accountable for their act while treating a patient?   Do I have any other option besides my appeal in the High Court at my present age when I doubt whether I would see the next morning. 



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