• No summons to us and got a decree and the decree executed in haste harsh speedy manner

Dear sir 
 I need a advice and help and lawyer who can help me to get out of this mess . Sir in 2015 SDM in dispute of two parties who have purchased land from my grandfather in 1968 have pleaded to resolve there issue and SDM by his judgement have decided that 2karnal land was more with us and ordered to get the land from us which we came to know when we got judgement it was a big surprise to us that we were not made the third party we were not get listened and decree was executed in very harsh haste and speedy manner , I even wrote an application to tehsildar that my father is out of station and presently in port Blair and the execution may be done thereafter but the execution of decree was done . I than filled a case with DC who said that he don't have power to execute the same as area is being denotified. I have than filled a case in high court but till date it is pending for 2 yrs. It is also a matter of great concern that the area has been de notified in 2010. 

Please guide me as SDM have not only barred natural law of justice but also seized fundamental rights which are right to equality. .

Please help as the opposite party are politicaly well connected and have influence over the police and local administration.

Waiting for an early reply
Regards 
Naveen sangrai
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

Hello,

From the facts told by you, definitely it seems that the principal of the natural justice has been violated and the case has been passed in haste and you have already exhausted the remedy.

You can file an application before the HC for early disposal of the case and also you may approach the SC and get the case expedited.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) your father can seek expedited hearing of appeal filed in HC as he is senior citizen

2) if you were not party to the proceedings before SDM order passed by SDM would be unsustainable and liable to be set aside

3) it is well settled law that no man can be condemned un heard

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Challenge the verdict passed by the SDM, since the ssame couldn't have been passed to your detriment without giving an opportunity of hearing to you.

Since you were an affected party, you ought to have been heard by the SDM before the SDM court gave a verdict against you.

Get your matter mention in the High Court and press on it's stay.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The political influence or any external pressure cannot over rule the prevailing law in this regard.

Have you obtained stay of the execution of order and further proceedings in this regard in the writ petition filed before high court?

If so, you may wait for the trial by the high court in the writ filed by you.

The SDM's arbitral decision is against the law if what you say is to be taken for granted.

You should have been heard before passing any such order.

Moreover since it is in your possession for more than 12 years, you can perfect the title by operating the law of adverse possession also.

You can discuss with your advocate on the point of law of adverse possession.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Now relief can be sought from HC only, file early hearing application and appoint some competent advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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