• Article 227

Dear Sir/ Mam,

Our parental property case started back in 2007 During this course of time I am taking legal advise from the respected advocated available on this platform and also since the start of the case we have all decisions in our favor whether its of the lower courts, ADJ, SDM (2 decisions), Commissioner (1), and the Hon'ble High Court (2 decisions) of our state. While we are going through this legal proceedings one of the share holder sold a portion of land whose 25% was recorded as illegal possession by the RI while allocating the land (Simankan in 2016) later on when the case was in SDM court the opposition party moved to the high court again and our advocate draw the attention of the court about this fact apart from the replied to the petition. The Hon'ble High Court passed an order in November 2019 for the dispute arising out of unlawful sale of joint parental property and dismissed the petition under Article 227.Taking that order to the SDM court the proceedings continued and the SDM gave the order to allot the purchased to take the land from the share of the party who sold the land to him from his allocated share. So to take the possession of our land after that decision we went to Revenue officer (Tehsildar) we requested them to remove the illegal possession of the purchaser from our share and to provide the possession of the share allotted to us and for that as per the advise of our advocate instead of filing execution we went to initiated our request under Article 250. After hearing both the parties the Revenue Officer stand with the order of SDM who took the High Court order in consideration while passing the order and instructed the RI & Patwari of our areas to complete the proceedings but when we went to the land the person who had illegal possession on our land gathered the local villager and didn't allowed us to take the possession then we again went with the RI and Patwari of our area who provided the possession of record. In the meanwhile the purchaser went to the High Court again to stop the proceedings which was dismissed by the court again. Now when they came back they filed stay application to the SDM which he denied as we already had filed the caveat then he again filed an appeal under Article 44 and in that he didn't mentioned the previous decisions of the High Court and claimed that all the decisions made were unlawful. So this was the brief of my case so far and now my questions are :-
1. Advise on Article 227 and 14 ?
2. Can a lawyer file a denial appeal in the SDM court against the order of Tehsildar who followed the order of the High Court ?
3. Since there is no stay given on their petion at the High Court against the order of the Tehsildar as well by the SDM under whose court the purchaser has filed a appeal so can we take the possession of our land since we have possesion receipt and Panchama submitted by the officals to the court which that appeal is in hearing and the next date of hearing is Oct 5th.
Asked 30 days ago in Property Law
Religion: Hindu

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55 Answers

An application can be filed in the high court under Article 227 against any orders of the subordinate courts to keeo them under check and within bounds of their authority.

You have tge orser in your favour and you don't have any interim or final orders against you. Under these circumstances you should immediately take possession.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

1.227 is writ petition for infringement of fundamental rights. 

2 no

3. Yes 

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Article 227 of the Constitution of India is to invoke Extraordinary Jurisdiction of High Court for seeking direction urgently on the issues of illegal activities against all the opponents including Government, District Administration and all culprits who engaged themselves in unlawful activities. You seek relief against unlawful activities being carried and caused by your opponents. 

Article 14 is equality before law enforcement agencies and Courts of law which needs to be applied to each and every member of Society and citizens of Country equally without discrimination on the grounds of caste, colour  creeds and religions that puts apartheid process agathe provisions of law. 

Yes,Definitely appeal can be filed before Court of law or quasi- Judicial authority for hearings and it would be decided on merits and jargon of jurisprudence. You appeal is maintainable and legal it would be heard and continued otherwise dismissed. 

In your case, lis- pendant principle would apply which refers no action against even trespassers without due process of law. You have initiated due process of law let Court and law enforcement agencies take proper action against the culprits under due process of law. Please do not indulge in any anti social activities which would put you and your case in doldrums and may jeopardize your life interest in the property. 

You may keep filing Criminal charges against your opponents before the Police Station under whose jurisdiction your property is situated and seek externment proceedings against your your opponent before Dy S P and S P of District to put the peace and life of your opponents in unbearable condition of their living conditions by following 107 Cr. P. C 1973 and NCFIR.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You can take possession of your land as there is no stay order passed by court 

 

2) you have good case on merits abd should succeed 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

1. Yes. Challenge thus proceeding or stay order if passed by a writ petition under article 226 and 14 of the constitution, not under 227.

2. Yes.

3. Yes. Keep your physical possession as before. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

1. Article 227 states that higher court have supremacy over lower courts and article 14 give equality of law, means that everyone is equal in eyes of law.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1.Article 227 determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction

 Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

What is the advise you require on the above articles?

Have you file any petition before high court on the above articles?

2. If the opposite lawyer files a counter denying the facts, it becomes your duty to point out the mistake or the mischief of that lawyer and nullify his claim, you cannot dictate a lawyer what to be done or not, he will adopt all measures to defend his claim.

3. Since there is no restriction on you to take possession of the property, you can very well go ahead to take possession 

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that the lawyers work under the instructions of their clients to protect their best interests and hence your query to this effect that "Can a lawyer file a denial appeal in the SDM court against the order of Tehsildar who followed the order of the High Court " is being replied in the way that the it the person (purchaser) at default and not the lawyer. You are suggested to take possession of the your land by taking administrative help so that any untoward incident does not happen. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

When the matter has reached the HC and HC decline the claim of purchaser, why are you worrying. Just file execution petition to recover possession.
Article 227 - superintendence of HC over all courts and tribunals - No application of article 14.

2. No appeal when SDM already passed the order in your faovr. No only appeal in HC.

You can recover possession.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

under Article 227 of the Constitution cannot be called a writ petition. Article 14 provides for 'Equality before law and Equal protection of law' i.e. all alike should be treated equally by law and hence there should be equal subjection of law and law should treat everyone equally and law should protect them equally and should not discriminate.

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

1. No appeal cannot be filed before SDM against order of tehsildar which was passed as per order and directions of High Court.

2. Yes you can take possession of your land and if someone object for your possession you can make application before tehsildar for possession of your land. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1. If there is stay then it will refrain you. 

2. If he files any false case you need to contest it on merits

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

You can take possession of land before next date of hearing 

 

2) it is true that purchaser may try to file false case against you but you should do video recording of entire incident 

 

3) take help of police in taking possession of land 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

The statement made by you that you are going to take possession of your land physically indicates that you are doing something wrong and illegal. You may be charged with criminal charges with the accusation of taking forcefully possession without due process of law. The hearing of your case is on 5th October 2020.

The hearing would go against you. 

Otherside may charge you under SC and S T Act for commission of serious issues and offence. 

Under S C and S C Act ,No provisions for Anticipatory Bail. 

Investigation by Dy. SUPERINTENDENT OF POLICE / ASSISTANT COMMISSIONER OF POLICE for allegations made by the Complainant. 

Therefore we advice you wait till 5th October 2020 and take any action against your opponents with regards to taking possession or dispossession of land as per due process of law. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You should in HC draw attention of court to fact that you have land in your possession 

 

rely upon possession receipt 

 

take the plea that appellant has suppressed material facts and not come to court with clean hands 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

If you have physical possession and records with you then Please do not mention that you are going to take the possession of land instead make a statement that you would start work in your land and would attend hearing fixed on 5th October 2020.

No need to file writ of Mandamus if you have obtained land under punchnama following due process of law.

You may file caveats application against your opponents before High Court, District Courts and revenue officers for objecting Ex- party hearings without hearing you in the present matter and issues concerning the land as described by you herein above. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You cannot refrain the opponent from filing an appeal against order by filing writ in HC 

 

2) article 44 deals with appeals 

 

44. Appeal and appellate authorities.— (1) Save where it has been otherwise provided, an appeal shall lie from every original order under this Code or the rules made there under—
(a) If such order is passed by any Revenue Officer subordinate to the Sub-Divisional Officer, whether or not the officer passing the order is invested with the powers of the Collector—to the Sub-Divisional Officer;
(b) If such order is passed by the Sub-Divisional Officer, whether or not invested with the powers of the Collector—to the Collector;
(c) If such order is passed by any Revenue Officer subordinate to the Settlement Officer — to the Settlement Officer;
(d) If such order is passed by any Revenue Officer in respect of whom a direction has been issued under sub-section (3) of Section 12 or sub- section (2) of Section 21— to such Revenue Officer as the State Government may direct;
(e) If such order is passed by a Collector whether exercising the powers of Collector or Settlement Officer, during the currency of the term of settlement — to the Commissioner;
(f) If such order is passed by a Settlement Officer, whether exercising the powers of Settlement Officer or the powers of a Collector in connection with any settlement operation unless otherwise expressly provided— to the Settlement Commissioner;
(g) If such order is passed by the Commissioner or the Settlement Commissioner—to the Board.
(2) Save as otherwise provided a second appeal shall lie against every order passed in first appeal under this Code or the rules made thereunder —
(i) by the Sub-Divisional Officer or the Collector to the Commissioner;
35

(ii) by the Settlement Officer to the Settlement Commissioner;
(iii) by the Commissioner to the Board —
(a) if the original order has in the first appeal been varied or reversed otherwise than in a matter of cost; or
(b) on any of the following grounds and no other, namely :—
(i)
(ii)
(iii)
that the order is contrary to law or usage having the force of law; or
that the order has failed to determine some material issue of law or usage having force of law; or
that there has been a substantial error or defect in the procedure as prescribed by this Code,which may have produced error or defect in the decision of the case upon merits.
(3) An order passed in review varying or reversing any order shall be
appealable in like manner as the original order.

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Dear Sir, 
Your plan to take possession with the help of administrative authorities is quite perfect and the same is not going to affect your case pending. But, you are suggested to be careful because misuse of law and its provisions can be done by that person in respect of the SC/ST Act. In this regard, you are suggested to submit an humble application to police and other authorities regarding the threats extended by said purchaser and apprehension of false cases under SC/ST laws by him or his family. Also submit the copies of the said application and it is quite possible that the case will turn in your favour. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

It is not Articles but sections 44 and 52.

Section 44 deals with transfer of pending matter before settlement Commissioner and 52 deals with stay of execution of order.

Sorry we can't advice you on the issues involved under the order of Tehsildar simplicitor because we do have the order of Tehsildar before us to review and advice you accordingly. 

You can't make a move for every matter by invoking the writ of Mandamus before Hìgh Court seeking  direction against the Government, Public Servants,  individuals and quasi-judicial authorities, Judicial Authorities, Trial Court unless No efficacious remedy is available before you except invoking Extraordinary Jurisdiction of High Court under Articles 226 and 227 of India Constitution 1949.

We advice you to refrain from invoking Extraordinary Jurisdiction for asserting your rights of possession of property and land which has been already received by you under punchnama. Under the present situation and circumstance, your writ of Mandamus would become absolutely infructuas and will be dismissed at admission stage before the High Court. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Please explain what is 250 ?

You have mentioned it in your 11th line of last follow up question. 


Please reply and file written statement in the petition of purchaser in 9/21 specifically drawing the attention of the presiding officer for the concealment of facts by the purchaser and seek dismissal of the petition with cost.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You should act as per your lawyers advice 

 

he is familiar with facts of case and had guided you correctly 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Section 250  of Madhya Pradesh Land Revenue Code deals with an application for restoration of possession of land for survey.

What happened to case under section 250 of M P Land Revenue Code 1959 as amended up to the date ? What is the stage of the case ? Whether pending or disposed off?

If pending Please mention stage of the case.

If disposed off then Please discuss operative order. 


Section 250 of Madhya Pradesh Land Revenue Code 1959 is an effective a d efficacious remedy a available to you for recovery of your land lawfully then why do you need to approach High Court invoking Extraordinary Jurisdiction under Articles 226 and 227 of Indian Constitution 1949 ?


Section 250 of Madhya Pradesh Land Revenue Code 1959 is an effective and efficacious remedy available to you under due process of law to acquire your land lawfully;

Then why do you need to invoke Extraordinary Jurisdiction of High Court under Articles 226 and 227 of Indian Constitution 1949.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Better go ahead and take possession if face any hard restrain than file execution petition.

Your advocate wrongly petition for removal of the unauthentic possession. Waste of money and time. Curt already ordered your title in the property.

Now can take possession. If any restrain , can call the police and file FIR. 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. As there is no restriction order to take possession of the property by any order, there is no legal infirmity in taking possession of the property.

However since the next date of hearing is posted on 05th Oct, it is advisable you wait for the completion of the hearing on the date to know about any outcome on that date.

2. They may not have any reason or grounds to object to you taking possession, but if they plan crookedly against you then they may try to put pressure on you by filing false cases on different grounds under SC ST (prevention of) atrocity acts.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

You can take possession and start constructing the proposed boundary wall to protect encroachment of your property.

You do not have to approach court so soon with any case to prevent them from disturbing your possession.

Let them o to court where you can produce the copies of the orders given in your favor by high court, which will solve all the problems.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

[44. Appeal and appellate authorities. - (1) Save where it has been otherwise provided, an appeal shall lie from every original order of a Revenue Officer competent to pass such order under this Code or the rules made thereunder-

 

(a) if such order is passed by any Revenue Officer subordinate to the Sub-Divisional Officer - to the Sub-Divisional Officer;

(b) if such order is passed by any Revenue Officer subordinate to the Deputy Survey Officer - to the Deputy Survey Officer;

(c) if such order is passed by the Sub-Divisional Officer - to the Collector;

(d) if such order is passed by the Deputy Survey Officer - to the District Survey Officer;

(e) if such order is passed by any Assistant Collector, Joint Collector or Deputy Collector to whom the powers have been conferred under-section 24-to the Collector;

(f) if such order is passed by any Revenue Officer in respect of whom a direction has been issued under sub-section (3) of section 12 - to such Revenue Officer as the State Government may direct;

(g) if such order is passed by a Collector or District Survey Officer -to the Commissioner;

(h) if such order is passed by the Commissioner - to the Board.

 

 

52. Stay of execution of orders. - (1) A Revenue Officer who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be requisite for filing an appeal or revision and obtaining a stay order from the appellate or revisional authority.

 

(2) The appellate or revisional authority may, at any time direct the execution of the order appealed from or against which a revision is made to be stayed for such time as it may think fit.

 

(3) The authority exercising the powers conferred by Section 50 or Section 51 may direct the execution of the order under revision or review to be stayed for such time as it may think fit.

 

(4) The Revenue Officer or the authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit.

 

(5) No order directing the stay of execution of any order shall be passed except in accordance with the provisions of this section.

 

The opposite lawyer has invoked the section 44 for filing the appeal and the section 52 has been invoked to to stay the orders of the Tehsildar till the disposal of the appeal.

 

You do not have to file a writ of mandamus for this.

You can file a counter to the stay application objecting to his application and also reply to his appeal stating that they have suppressed the fact of high court order hence both the appeal and the stay petition are not maintainable.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

Since the new purchaser has preferred an appeal against the orders of the SDM, you have to give a suitable reply and file the same along with the copies of the orders passed by SDMN and the Tehsildar along with the copies of the orders of the high court.

You do not have to file a writ of mandamus and it is not maintainable hence it may not even be entertained by high court.

Hence you better confine to the contest of the appeal alone.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

Since you have already got an order in your favor from the SDM an also from the Tehsildar in your favor on the basis of the high court order, you better don't get confused.

The orders in your favor is very clear hence you can proceed with the orders in your hand while challenging his appeal simultaneously.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

Mandamus is proper remedy

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

You can take possession of your land and no need to wait for next date of hearing in High court.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that you may file the execution case as well and the said case of 250 also in your favour. There are several judgments of High Courts and Supreme Court that the said sale and purchase become infructuous.  

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

Please withdraw your application under section 250 of Madhya Pradesh Land Revenue Code 1959 if  pending for decision because that application has become absolutely infructuas in view of your possession of land with you.

Please appoint some lawyer who may review your case papers and details for next course of action as per due process of law as we do not have all neccessary information, details and data before us to advice you legally with Assurance to take next steps. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You need to follow the due process of law. Presently following up HC proceedings willl be a good remedy

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Your lawyer should prepare detailed reply in appeal 

 

2) if courts are not functional then presence would not be required on next date 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Engage another lawyer to appear on your behalf file detailed reply 

 

it would affect your case adversely if court passes any adverse order 

 

if lawyer does not appear you should attend court personally and produce possession receipt and other orders passed by court 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

If your advocate is not cooperating then you may change the advocate instead of depending on him anymore.

The police have already obtained that the property is not in possession  of the purchaser and the crops reportedly cultivated is not standing crop, hence you may put pressure on police to protect you to take possession of the landed property, or you can obtain an interim order from court seeking assistance of police while you are taking possession of land. 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

So you may follow the case through the SDM court regularly and also take steps to take possession of the property allotted to you.

Even now you can file an execution petition to execute the high court order by engaging the services of a different lawyer.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

You can take NOC from the current lawyer and inform court that you would be engaging a new lawyer hence the case may be adjourned to some other date.

In the meantime you may engage another lawyer who is having more experience in this matter.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

As you say there is no stay on Tehsildar's order regarding taking possession you should proceed to take possession. If any appeal is filed and you get the notice then you have to attend it. Once you have started s.250 proceedings you should stick with it till getting possession, side by side defend the appeal. Have the High Court specifically declared the sale deed of that "25%" null and void?

Pradeep Naik
Advocate, Indore
13 Answers

5.0 on 5.0

1. Only if there is no contrary direction of HC

2. It's a vast concept each case has different facts the case needs to be studied in detail. You can seek personal case study consultation for detailed analysis

3. Yes you can

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

After the order of the HC the opponent raised grounds of appeal..so it can be commented upon only after reading the HC order and the appeal petition of the opponent. Had the High Court declared the previous sell deed void in it's order? (I have asked this to you previously also)

 

Furthermore when the High Court has remanded the matter to the revenue court with some Direction (as I understood from your previous description), the order of the revenue court (Tehsildar) shall be subject to normal appeal..the opponent may use the provision of appeal to linger on the matter. I don't think that the High Court shall interfere until the appeal is decided on merit. But if there is a grave error in accepting the appeal you may try for invoking Revisional power of HC under Article 227 of the Constitution.

Pradeep Naik
Advocate, Indore
13 Answers

5.0 on 5.0

SDM cannot give nay stay in view of HC orders 

 

2) he cannot go against HC order 

 

3) submit your written arguments wherein you enclose HC order 

4) adverse possession is not applicable in your case . Stick to HC order 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

It is necessary to peruse various orders cited by you 

 

2) litigation is long drawn and expensive proposition 

 

3) if any appeal has been filed you have to wait for disposal of appeal 

 

4) you have to draw attention of SDM to HC orders 

 

5) you should get  physical possession 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Act as mentioned herein above 


Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

There is a remedy but it takes lot of time in india

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Let the decision of the appeal come. No remedy to surpass due process. The purchaser at last may even go to the civil court for declaration of his title. But you may get the possession as soon as the present appeal is decided in your favour if there is not any stay. 

Pradeep Naik
Advocate, Indore
13 Answers

5.0 on 5.0

1. The SDM can give a temporary stay on the matter till such time both the sides are heard, there is no legal infirmity in it.

2. The adverse possession plea has not been taken by you neither the high court has passed any orders based on adverse possession.

Therefore you insist and rely upon the high court judgment in your favor in the proceedings pending before SDM court.

3. You can file an execution petition to execute the high court order before an execution court instead of pursuing the case before SDM court.

Let the opposite party obtain stay on high court order, which is not possible.

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

The contents furnished in the subsequent post was already narrated by you in your earlier posts. 

The fault in your side was that you failed to execute the high court order instead you have approached the tehsildar with an application under different provisions of law.

You had a clear judgment in your favor hence your approach to tehsildar on this appears that you are starting the process afresh once again, that is why the opposite party is playing all the games utilising the loopholes in the law.

Even now you can file an execution petition before an execution court to execute the high court order in your favor ignoring the fact that there is a case opening before SDM.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

You are wasting your time by repeating your frustrations over this issue instead of taking proper legal action at right time.

Even now nobody stopped you from taking possession provided you got an order to take possession with the assistance of police through court ameen in execution petition filed before the execution court on the basis of the high court order allocating your legitimate share in the property.

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

Have you been served with copy of case filed in civil court 

 

2) after service file your detailed reply denying allegations made 

 

3) no need to file appeal in HC against filing of case in civil court 

 

4) it is necessary to go through case papers filed in civil court to advice further 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

1. If he has filed a fresh case then you may have to file a counter on the date of hearing provided you receive summons. 

You cannot file any case against it in high court. 

2. First you receive the summons and see what case they have filed afresh. 

You don't go by oral or hearsay information. 

 

T Kalaiselvan
Advocate, Vellore
69351 Answers
929 Consultations

5.0 on 5.0

Need to study the entire case for the same. 

Counter claim is your claim against the plaintiff. 

For further assistance contact me on 9 a 7 b 6 c 9 d 4 e 9 f 0 g 9 h 1 k 1

 

 

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

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