I Sold 4 plots for 14 lac amount out of which 3 plots sale -deed were executed - MOU was signed for 4th plot entire amount was received. Subsequently friendship was thickened and MOU of partnership was signed in respect of the Hotel business.For this sum16 lacks were paid through cheque & was agreed to transfer said plots to back to us.however he did not transfer the ownership of the plots. Without communicating or sending any legal notice He did not join business and field Criminal Case US 420 IPC which was dismissed due to non attendance of the complainant.He currently lives in Punjab the property is in Maharashtra He filed summary suit for recovery of amount of rupees 30 lakh was filed by him this amount include 4 plots cost 16 lakh cash payment, which is admitted fact. Summery suit is decreed. But without opportunity to defend by Court for non payment of rupees 10 lakh as deposit judgement deliver does not speak of cancellation of purchased plots and the interest is levied by Court not considering the plots were already into in his possession worth rupees 14 lacks, the interest on this amount is also calculated which is bad a Rupees 16 lacks,period must have been calculated after refusal to join partnership in hotel business . The issues 1.how the ownership of the plot can be regained? 2.how I can sale these plots to meet decreed amount ? who will clear this ambiguity lies. Lower Court which pass the judgement or in High Court for any other forum. We accept the payment and wish to get rid of the matter. The suit is yet not decreed and special power of attorney was executed by judgement holder, who is local nuisance, please advise
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You can file appeal in HC against order passed by trial court decreeing the summary suit
2) offer to deposit Rs 10 lakhs in court so that decree can be set aside
3) contest the suit . If you win you would regain the plots
4) you cannot sell the plots as sale deed already executed by you for 3 plots . Same deed has to be set aside by trial court or HC in appeal
The decree or judgment passed by the trial court can be challenged on the basis of the facts of the case and the legal interpretation of the legal provisions.
Order must be passed ex parte ? file application to set aside ex parte decree.
Where case filed , Maharashtra ?
Order is obtained on false facts. Sale deed is registered, means he got the delivery of flats and registered his name for which he had paid now how can he claim that amount back ?
You can go to appeallate court for modification of decree on the aforesaid issue
You need to file appeal in Higher court to set aside the judgement granted by trial court.
You need to make application in court for selling of disputed plots to clear disputed amount.
1. You have lost the summary proceedings by not attending the case properly or contesting the same with the help of a skilled advocate, neither you have followed up the police complaint hence it is due to your fault that you have lost all the cases against you.
You can file an appeal against the summary proceedings.
Since you owe him the money for the plot, you may have to repay the same or at least express your willingness to repay the same in the suit for possession.
You may discuss with your advocate on all such further issues.
2. If you are preferring an appeal or if you are ready for the payment to be made as per court order, you may do it but at the same time you can file a suit for possession separately.
Criminal case was not filed by me,it was filed against my entire family to harass us,when money suit was filed ,there was no right over the poem plots owned by me .Court failed to discuss on that judgement.I am giving he money and he is retaining the plots also ?
file appeal against order passed by trial court
You need to approach the court for the stay immediately and then contest the decree
You have failed to bring it to the notice of the court about this.
If you are paying the amount also and the possession is also with them then you may prefer an appeal and seek justice in this regard.
What will be the fee for drafting, w.p. for me to modify the judgement, passed , I am senior citizen and have been advised for lever transplant,the revenue department has played mischief ,12 acres land is reduced to 0.01R ,I can't sale it, knocked H.C. order of HC is disobeyed, No money to diposit such amount unless sale .I am trapped how to come out ,wish to pay the DH.? But how? Plz advise how to resolve,wish not die as cheater
You can contact me vide kaanoon vide telephonic consultation. Or can email me prashantnayak82 @ gmail . com can discuss once we talk about the details.
Legal fees vary depending upon lawyer engaged by you
2) you have to file appeal against decree and not writ petition in HC
The court fee and the advocate fee may be enquired from the advocate who you will be engaging for this service.
The advocate fee will differ from one advocate to another.
Fees depends on the lawyer's expertise and experience. Fees are not uniform or standardised in legal profession,pls consult local advocate.