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JayRdy (Na)     27 May 2025

Withdrawing a civil suit

Dear All, 

We have one plot. acquired under registrered joint family partition deed.  A real estate land developer had encroched a portion of our property and SOLD a portion of our property as GPA Holder.  As no documents was forthing when asked. I had filed a Suit for Declaration, Possession and Injunction.  

The developer had filed his written statement, He has produced notarized GPAs having executed by one XYZ for our property. In GPA there is no recital how executant of GPA XYZ acquried our property.  

Further, the Attorney shown in the GPA is Someone ABC and the pricipal is XYZ and there are several overwritting with use of whitner and No. of corrections is not marked by Notary. But sites are sold by developer as GPA holder. 

Developer has also in his reply submitted conversion order for our property in XYZ name. 

I had filed an RTI to obtained Complete file pertaining to Conversion order in DC Office. It was shocking to find our family partition deed is used to obtained Conversion order in favor of GPA Pincipal above XYZ.  In the note sheet of DC office it is mentioned that, No documents is submitted by applicant to claim ownership. However looks in collusion conversion order is passed by public authority in the name of X. 

In this circumstances,  should i withdraw a Civil suit and file a criminal complaint please ? THe Civil Trail will run for several years. i was reading some supreme court judgments it is said The criminal proceedings are to be given primacy or preference, over civil proceedings. 

and can inquiry be filed under 82 83 registration act, Sub Registrar. 

Request for Suggestions. 

 



 2 Replies

R.K Nanda (Advocate)     27 May 2025

Take guidance from your advocate. 

T. Kalaiselvan, Advocate (Advocate)     28 May 2025

If you plan to contemplate a criminal complaint, you can very well go ahead but why do you want to withdraw the civil suit because civil suit is for a different relief and the proposed criminal complaint is totally a different subject, in the criminal complaint you can only get him punished but the encumbrance he created as well as the property already sold to some purchasers will not be reverted automatically just because he was puinished through  the criminal law.

You may continue the civil suit for the reliefs sought therein and also lodge a criminal complaint  simultaneously.


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