Narasiah has to file Appeal against trial court order that he should not interfere in possession of property by Venkateswalu
also seek orders to set aside mutation of property in name of venkat eswarlu
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Implead petition at 1st appellate court - rule and ruling
I bought 500 sq yards of land from Narsaiah In 2005.Before that Venkateswarlu filed a petition in the principal junior civil judge Court for injunction order stating that his father did not sell the land 4.09 acts to Narsaiah and he was in position of 4.09 acts. Narsaiah filed another petition for injunction order stating that he bought 4.09acres land from his father Kotaiah and he was growing crops, Then Thahasildar saidaiah collided with Venkateswarlu missplaced 13 B file and told the court that 13 B file was not traced out in the Office. The court dicreed in favour of Venkateswarlu issued injunction order' Narsaiah should not interfere with the peaceful position of Venkateswalu'. Actually either Venkateswalu' or Narsaiah was in position of the land. After judgement Venkateswalu' removed boundary stones ,arranged fencing and growing dry crop only to keep it in hand. Actually the land was divided in to plots. I came to know all this recently. I want file AS in 1st appilate court directly.Because Venkateswarlu is politically influenced person.No lawyer is coming to co operate. Please guide me the rule or ruling under which I can file IP at 1st appilate court and model petition.
Asked 8 years ago in Property Law
Religion: Hindu
8 Answers
Quoting the injunction order (position) Saidaiah Thahasildar entered the name Venkateswarlu in revenue records /title records removing the name of Narsaiah.Pl give rule position to fight .If Narsaiah name entered again.we will get our names entered with our registered documents.
Asked 8 years ago
You are not party to the suit proceedings between Narsaih and V enkateswarlu
2) you have to file declaratory suit that you are absolute owner of property as you purchased it by regd sale deed from Narsiah
3) in said suit make both Narsiah and Venkateswarlu both parties
4) contact a local lawyer
You are not party to the suit proceedings between Narsingh and Venkat eswarlu
2) you have to file declaratory suit that you are absolute owner of property
3) make both Narsiah and Venkateswarlu parties to said suit proceedings
4) contact a local lawyer
1. first you should read the injunction order to clarify whether that injunction is temporary or permanent.
2. if it is temporary then he cannot make any change in the property.
3. when he removed boundary stone etc. you should file an application before the same court for vacating the injunction order.
4. if it is permanent injunction order then you should file an appeal before the court of senior division.
5. if no advocate came forward, you should pray for appointment of an amicus curie. he will assist your case and represent from your behalf.
Since you're an affected party, you can directly file the IP. Question will arise that since you were not a party before the court below, the IP is not maintainable at your behest. To counter this, you will have to demonstrate that the order assailed could not have been passed on the ground of non joinder of parties alone.
You can file an IA under Order 1 Rule 10 CPC to implead yourself as a party in the suit. Engage a lawyer from another city if no lawyer is willing to be briefed by you.
The procedure to file implead petition is a bit lengthy one.
You may take the assistance of a local lawyer who will be able to guide you through.
You can file an injunction suit against Tahsildar restraining him from entering the name of unauthorized persons in the land revenue records.