My grand parent purchased a property in 1967 at cottonpet, Bangalore. Property size is (Built up area) east to west 11feet, north to south 34feet. (Non-build up area) east to west on east side 6feet 6inches and north to south on south side 3feet 6inches. We have proper document 1st paper 1920 partition deed certified copy. 2nd paper 1949 partition deed certified copy. 3rd paper 1967 purchase deed (my grandparents) orginal copy. 4th paper 1986 partition deed of my father and there brother's Proper khatha certificate and extract, updated paid property tax, city survey copy A neighbour on east facing raised a case in city civil court 1983 claiming that we are using the common lane Unfortunately in 1988 Dec 14 judgement came against us to demolish the lane. Immediately my father appealed new case in High court by submitting all above mentioned documents Even though in High court gave the same judgement in 1997, what they gave civil court in previous But we didn't demolish the passage, we were using till Nov 2019 Now after Nov 18 we started demolishing and start constructing new building including all space Now my question can I construct the size by north to south 37feet by east to west 15feet Left set back for 2 feets for full length So after just 2 weeks I applied 2 certified copies of my neighbour, I got shocked after seeing that 1st paper 1892 purchase deed in this paper there is no common passage 2nd paper 1918 partition deed they mentioned themselves there is common passage of 6feet 6inches From this paper they repeat the same mistake Now I'm blank how to keep next step? Does that demolishing order will valid till now ? Can we purchase the empty passage if it was belongs to BBMP? Can we recall the case by producing the new evedence ?
The case decided in the appeal also by high court cannot be recalled, however you can prefer an appeal before supreme court but not with the newly discovered document.
If at all there is any problem from BBMP or any other authority towards the encroachment, you may file a suit for declaration of title on the basis of adverse possession.
You can if it's not going against HC order
1) order passed by court in 1997 has become final as no appeal has been filed against said order
2) review petition after lapse of 23 years woukd not be entertained
3) demolition order would be valid
Dear Sir,
Decree is to be implemented within 12 if not it is barred by limitation. It seems such decree never implemented and you can take benefit of recent developments.
Any order obtained fraud is void. You can file review/recall petition in HC. NO limitation.
Till order not recalled/reversed is operative but can not be executed/enforced through court. Barred by limitation. Can offer purchase if belongs to BBMP but rare possibility that BBMP will sell.
Order passed by court is valid.
The appeal to a High Court from any decree or order has to be filed within 90 days from the date of decree or order, but if a decree or order of any High Court is to be appealed in the same court the period of limitation is 30 days.
1. If High court judgement was against you then legally you should leave the passage as mentioned in the judgement.
2. Orders will not be considered valid if no execution was filed by petitioner in court.
3. No need to apply for purchase of empty passage.
4. No you cannot recall the case as it can goes against you.
1. "Demolish Order' of a Court, will remain permanently active and it is upto the related authorities to have it vacated /demolished ....
2. If property belongs to BBMP (in the Revenue Records) THEN it CANNOT be purchased, in any manner whatsoever, since it is classified for public purposes as compulsory open spaces.
3. Do a proper Govt. Survey (not private survey) thru the office of the taluka Tahsildar and procure his layout plan and report. Based on this documents, you may proceed further in court or before the revenue authorities.
