• Agriculture land in Telangana

We belong to one of the village in Telangana,My father owns agriculture land from their mother and siblings.This land was earlier shared by my father's father and Uncle (my grandparent brother).
My grandmother has purchased land from my Uncle in 1960 to 1970 part by part but these are written in papers.In 1994 Pahani records were renamed to my father since he owns complete land.In 2014 father's Uncle's Son raising objection on ownership of my father as per him we dont have Revenue Form 16 for some part of land.So we filed case against him in 2014 after 6 yrs case is disposed by court under section.We havent received order copy yet but only status shows:
CODE OF CIVIL PROCEDURE	U/oViiR-1R/wSec26ofCPC
Contested--DISMISSED WITH OUT COSTS
CASE DISPOSED

What does above meaning,My lawyer says decision is not in either side of the parties we have to file case again?

Would like to know from you, please help us thanks.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

It is necessary to peruse order passed by trial court to advice 

 

2) your case has been dismissed . In other words you have not been granted any reliefs by court 

Ajay Sethi
Advocate, Mumbai
94932 Answers
7574 Consultations

5.0 on 5.0

You need to check the detailed order. It may also be dismissed completely without giving you any reliefs. If that so you need to go for appeal. If it's dismissed for default then you can restore it then and there in same court

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

Your case is dismissed by court. You lost the case. Father's Uncle's Son is free to raise objection.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

The plaint was rejected by the Court under order VII Rule 1 may be reason for limitations, jurisdiction, non-joinder of parties, illegal documents and plaintiffs may not have proper authority to file plaint before the Court for the cause of action and prayers there in the plaint. 

There are so many reasons for rejection and dismissal of plaint. 

Please apply for copy of order of the court along with copy of plaint, annexures and affidavit to know the correct status and reason of the order.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- The filed case against him got dismissed by the Court under order VII Rule 1  , and further no cost was imposed by the court of the parties, and this dismissal may be due to cause of action and insufficient court fee etc.

Mohammed Shahzad
Advocate, Delhi
13360 Answers
199 Consultations

5.0 on 5.0

Dear Sir,

The dismissal of the case means that you have lost the case filed by you. Now you are suggested to get the copy of the case judgment/order and study of that you will come to know as what to do. If permitted file the fresh case or challenge the said order in higher Court.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi 

It appears that the suit filed by you in the year 2014 has been dismissed by the judge. 

So, once you get the order copy and find out the reasons /judgments cited by the judge in dismissing your plaint, you should file an appeal..

If you believe the merits of your case has been ignored by the Trial court judge, you should file for an appeal in the appellate court/high court. 

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Contested--DISMISSED WITH OUT COSTS
CASE DISPOSED

1. The above order means that Court has dismissed your case for lack of proper witnesses or evidences.

2. The above also means that both the parties have to bear their own legal costs and that legal costs or damages is not awarded by Court.

3. You may file Appeal in higher court, against this order.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Apply for the certified copy of the final judgment of the case 

Details can be known from that detailed judgement only.

No need to file a case again

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If your case status is saying that the case has been disposed , it means that the proceedings in the particular case have been dismissed. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Your lawyer's opinion is incorrect.

The case filed by you has been dismissed by court.

It is a contested dismissal  and not due to default.

Therefore you cannot file a fresh case.

You may prefer an appeal against the judgment if you are aggrieved by it.

You may obtain the judgment copy and refer it before another experienced advocate and obtain proper opinion about the same and also about moving further on it. 

 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2216 Consultations

5.0 on 5.0

1. It means that case has been dismissed.

2. To get the real picture you should inspect the judicial file.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. From this status it is clear your case was dismissed by court due to some defect in plaint.

2. Exact answer can only be provided after going through order of court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The case must have been dismissed under rule 7 order 11.....rejection of plaint.

There must have been a discrepancy due to which the olaint was rejected at the threshold.

File an application for recall  of the order.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

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