Regarding forged registry
A plot has ,Measuring (30*50sft ) was allotted by Rohit Graih Nirman society, 30/22 old Subash Nagar,Govindpura Bhopal in 1993. Therafter Society has allotted the same plot to some other person in year….2010 ,We had filed
the case in O/O deputy Registrar Cooperative and later on decision was passed in our favors on 31.03.2011instructing therein to society , to allot the plot to us ,and cancel the illegal registry of the plot (in favour of other customer.)
Then we had written, followed up with the builders for almost a year , but they keep on dragging the matter and thereafter; we had filed for execution of the order in O/O DRO ,old sachivalya on 17.05.2013. During the course of 8-10 hearing party has not responded and thereafter Ex-party order dated 10.04.2014 has been issued in our favors and referring to Civil court for further action.
The DRO office has referred the matter to civil court as these builder don’t give any cognizance to these officers .( This erring society has not appeared, even a single hearing in spite of 3-4 communication by Dy registrar followed by press advertisement)
Our query is,How to go about the matter, and want to know how long it will take to finalize .
Asked 4 years ago in Property Law from Bangalore, Karnataka
you have already won the case . no appeal is filed . enclose copy of order to society and request society to cancel the allotment made to other customer . you will have to take execution proceedings if the defendants fail to comply with court order . it should not take more than 2 years
But the society ,does not respond to any communication , as they have political nexus at higest level ;in that case what constitutional remedy is avialble to us, how we should go ahead in the matter
Asked 4 years ago
political nexus is immaterial . court is concerned with compliance of is orders . if orders are not complied with take contempt of court proceedings
A plot once allotted to an individual cannot be allotted to another individual unless and until the first allotment is cancelled in accordance with the terms and conditions of cancellation. The court has ruled in your favour. The opposing party has to date not filed an appeal challenging the judgment of court. Since the matter has been referred to civil court the court will now execute the order. It should not take more than a few months for the order to be executed.
The society may choose to not to respond to the court notices at its own peril. If it does not respond to court notices then court may order the arrest of concerned officers of society for not obeying its orders. Political influence does not work on a court of law.