• House plot alloyed to me sold by somebody in 2002

I was hmt coy employee in Hyderabad and we formed hmt officers house building society in 1980 and due to land ceiling act in ap state at that time the plot was not registered as the land of 25acres is surplus land of a landlord. But our assn alloyed plot letters afterwards awaing removal of ceiling act. Finally the GO of ap govt permitted for registration and out of 250 people except 46 people got registration. The reason for others reg. failure is our office bearers sold out our plots to outsiders illegally. The actual QN is we went to court in 2005 as my plot was registered on outsider name in 2002. The case was booked by my lawyer and in beginning he used to tell about adjournments and finally today he gave back my file without any case no. and escapes saying the case is not admitted at all by court. I am in shock now. Someone says the case was dismissed in 2008 itself and another lawyer says 12 years over after illegal registration nothing can be done now. Kindly suggest is there any way to fight for my plot. It is still empty and though my plot no. is 215 it is sold along with plot no. 214 and I got the xerox of sale deed. Can we go to court now. Kindly suggest.
Asked 7 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

1) you need to obtain certified copy of order passed by court dismissing your case

2)also copy of suit filed by you

3) without perusal of court records we cannot say whether you have any chances of success in litigation

4)you can file appeal against court order of dismissal of your suit

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

There is nothing that can be said without perusal of the case file. You must consult a lawyer immediately with the file returned to you by your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

in this condition limitation period may be extended if case in filed in the court having jurisdiction and dismissed due to fault of the lawyer or without giving notice to the plaintiff. you should take proper status of the case therefore we can give better advice.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1) you can as plaintiff apply for certified copy of court order

2) further these days many courts load copies of order passed in various suits online on their website

3) change lawyer and apply for setting aside order of dismissal

4) if advocate has misguided you file complaint against lawyer before bar council of your state

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

Unless the case file is seen and the last order passed by the court is perused it is not possible to state anything. If the case has been dismissed in default then you may apply for restoration, which may be allowed subject to costs. Engage a local lawyer and pull out the certified copy of the complete file.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you should get status of the case and certified copies of order sheet of the case. if case is filed and dismissed in default the relevant order should have been passed on the order sheet. after getting order sheet you should file a restoration application before the same court if no notice has been issued against the plaintiff for appearing before the court for admission of the case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer