• Society wants to cancel my plot registry

I purchased plot in 2002 and had done registry of plot by society. But madhya Pradesh Vidhut grah Nirman sahkari maryadit society sent 10 days before notice to me that they are doing registry in favour of third person as per Indore high court order. Society gave allotment letter of plot to third party in 1986. But because of some dispute and person not paid amount society cancelled his allotment. So he had no registry of plot. But he challenged society in courts one by one and lastly in Indore high court he won the case against society. Both society and third party not informed to high court that plot already sold and registered in 2002(15 years). So high court ordered to society to did registry of my plot in favour of third person.. Both of them not made party in court to me. I got suddenly notice from society we are cancelling your registry.... Now Pls help what should I do and where to go in which court. Can they cancel my registry.I need stay against high court decision. Can we appeal for review in high court.. Then how to made appeal. Decision of high court is of double bench.
Asked 6 years ago in Property Law
Religion: Hindu

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23 Answers

You have to file suit to set aside order passed by HC

2) mention that you had purchased plot in 2002 by regd sale deed

3) seek stay of order passed by HC

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

Immediately file a review. You were a necessary party and the writ court couldn't have passed the order without hearing you. You ought have been impleaded in the writ petition.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

The judgement of the Indore Bench of the MP High Court is bad on the ground of non joinder of necessary parties. File a review, before the same Court. Since, you're a party aggrieved by that judgement, you've locus to file a review despite the fact that you weren't a party in the writ.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

I can help you with filing of this review petition, do let me know incase you've any further questions.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Review has to be filed in the High Court itself and you have less time to do so.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

You should prefer a review before the same court for we're here in the matter because you are a necessary Party In This petition and without your appearance A final order cannot be passed by the court. This material fact that brought has already been registered the society has committed great error which needs to be corrected by the court in review petition. If this order has been passed by the single judges of the high court then you can prefer letters patent appeal to the division bench of the High Court against this order on the basis that unnecessary party to the preceding has not been made party to the petition

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

you have to file application in HC to set aside impugned order

mention that you are bonafide purchaser of value and had purchased plot in 2002

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. The society has sent you a notice in pursuance of an order passed by the High Court. The order of the HC is binding on the society.

2. Unless the High Court order is perused threadbare we really cannot say what remedy, if any, can be adopted by you.

3. Consult a lawyer with the notice and HC order immediately.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Once registration of plot is done in your name society has no right , tile interest in said plot

2) it cannot register plot in third party name unless your registry is cancelled

3) it would need court orders to cancel registration done in your name

4) no need to file FIR

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. They will have to go to the sub registrar office for revocation of registry and that can not be done very easily.

2. If review if dismissed by the High Court then you will have to approach the SC.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

In my advise there is no need for you to register an FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. They do not have to go anywhere now before cancellation of your registration.

2. Supreme Court

You can't put any FIR. They have the support of the High Court judgement and they are doing no illegality, but only complying with the order passed by the High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

You can prefer an appeal against the high court in the same high court stating the facts

You can plead innocence about the case as you were not made party to the suit.

As a matter of fact you should not have bought the property during the a litigation pending.

In fact you should have got yourself impleaded as a party to sit long back and fought against the menace and the case properly in the trial court itself.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

But please tell where I have to file case. Can I put case in my district court or should I have to put for review in high court. Can they my plot directly without going to court

Since the case is decided against you in the appeal also you have to file a review petition before the high court only.

They cannot just like that occupy the property, they have to file an EP after which they can take possession the property.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

1 ) Can society cancel directly registry of plot or they have to go in our district court for cancellation of plot registry.

First of all the registration in your favor has to be cancelled by canceling the same, then they would go ahead for registering the same in the name of the party.

2 ) Suppose if review not admitted in high court then where should I go after this.

Supreme court

3) Society adhyaksha is changed now, So new adhyaksha also supporting to third person.

The society has to obey the court order.

4 Can they ask collector or registrar to cancel my registry.

Yes

5 can I put FIR against them

NO

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

File appeal before SC against HC order

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

You've the option of approval the Supreme Court.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Review has been dismissed on what grounds?

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

s per valuable suggestions of all of yours but high court dismissed my review petition. Now Pls suggest what should I do.

What was the review petition about and what is the reason cited by the court while dismissing the petition. You should have discussed the reason for dismissal to get a proper opinion.

You may revert with details.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

No

review order of the High Court can be challenged by means of a SLP

Full bench is constituted by the court in important matter and where there is jurisdiction

Since against review petition there is no appellate or original jurisdiction therefore full bench can not be constituted.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

It cannot be challenged before the full bench of HC

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

No.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Can a review of high court of double bench can be challenged in same court in full bench.

Instead of knocking the same doors once again, in my opinion, you may prefer a revision before the apex court, discuss the possibilities with a supreme court lawyer

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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