My grandfather has purchased a land in 1967 from munsif-court auction, which is legally settled in the District Court. Later after 20 years, the land was encroached by the seller through his relatives on his possession through Village Thasildhar Order by getting usage patta, Again the case was honored in District Court and the thasildhar order was dismissed stating the court order is final and the land belongs to my grandfather with all the original patta documents on his name.So they blocked the legal pathway which was used for years,through the neighbor land owners as all are their relatives. In 2005, My father made a legal purchase document to carry forward the path case, Still we are unable to access the pathway and couldn't get rid out of this issue. Meanwhile again with a unregistered false sale agreement stating some advance has been paid to my grandfather, they again created an unregistered WILL and now trying to divert the case., Also they have been honored with an Ex-party judgment order from the other district court without our knowledge and now they have taken possession with neighbors. kindly please assist on this matter.
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1) take out application for setting aside exparte order
2) draw attention of court to earlier order passed which held that land belongs to your grandfather
3) seek orders to direct seller to deliver possession of the property get
4) in case possession is delivered to you seek easmentary right of necessity as there Is no other access to your house
Also they have been honored with an Ex-party judgment order from the other district court without our knowledge and now they have taken possession with neighbors. kindly please assist on this matter.
If it is an exparte judgment then you should clarify the case details and file a petition and vakalat before the court seeking to set aside the exparte orders.
Consult your advocate and proceed as per his further advise.
1. If it was an ex parte decree that had been passed then apply to the court to set it aside. If you are able to show sufficient cause the court may allow your application by imposing costs on you.
2. Obtain the certified copy of the entire judicial file and then go along with the advise of your advocate
