Yes the aforesaid can be done
High court ordered passed based on mis-representation and hiding facts
Background: Three brothers let's call them 'A'[1st son], 'B'[2nd son], and 'C'[3rd son] born to the same parents have purchased 3 commercial properties adjacent to each other via registered sale deed from another party lets call him 'Y' in 1989, the properties situated in order [ PA, PC, PB ] .where 'PA' is property purchased by 'A' ,'PB' is property purchased by 'B' ,PC is property purchased by 'C' note: 'PC' is situated between 'PA' and 'PB' which are self aquired and all the 3 properties sold by 'Y',later all 3 of them constructed houses on the properties and in posession EVENTS: [ 2016 ]: Brother 'C' have transferred the property 'PC' to brother 'B' via a registered gift deed in 2016 and handed over posession .Brother B was living outside so he locked the house and went to his work place ..Now Brother 'A' along with his friend 'X' have tress passed the property 'PC' and rented out to 'X' ,'A' also wants this commercial property and dont like it given to 'B', FIR was filed by 'B' against 'X' and 'A' under IPC 448,504 34 [ 2017 ] : Police submits charge sheet under sec 447 against 'A' only and not including 'X' who is installed by 'A' ,Not submitting our ownership documents which were produced durig FIR and police have created statements in absence of 'B' telling 'A' have constructed the house on 'PC' so its 447 [2018 ] : B files case under 482 crpc praying for reinvestigation ,later upon notice to 'A' ,he filed the case under crpc 482 praying for squashing the charge sheet and proceedings ..Case was pending before high court till 2023 march [2019 ] : 'B' filed eviction suit against 'X' after sending him legal notice to get back the possession of the property [2019 ] : 'A' files a injunction suit on property 'PA' against brother 'B' [2022-2023 ] : Lower court proceeded with criminal case trail which of case filed in 2017 as there was no stay ..Judge was convinced about the tress pass and 1. Odered to alter charges from 447 to 448 2. Accepted owner ship documents 3. 'B' has given evidence against 'X' and 'A' and ordrs to summon 'X' was pending before the lower court in march. [ 2023 ] : High court have dismissed the application filed in 2018 for reinvestigation and squashed the criminal proceedings which is under trail in the lower court based on the below <a> and <b> false information <a> brother 'C' who has executed gift deed is deceased [Fact he is still ALIVE] <b> Injunction suit between the parties for the tresspassed property [ Fact: injunction suit is on prperty 'PA' not on property tresspassed ] and there is pending eviction suit against 'X' Based on above 3 points ..dismmised the application in March 2023 and stated pending civil matters outcome 'B' can initiate criminal action ..where as civil matter is eviction suit and the other injunction suit is not related to property and lie told to bench 'C' is dead and 'B' is one manly trying to get the property
Asked 2 years ago in Property Law
Religion: Hindu
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12 Answers
You should have filed the protest petition against charge sheet instead of re investigation.
<a> brother 'C' who has executed gift deed is deceased [Fact he is still ALIVE] - this is contempt of court. File contempt petition.and appeal
Injunction suit between the parties for the tresspassed property [ Fact: injunction suit is on prperty 'PA' not on property tresspassed ] - File application u/s 340 Crpc
You have registered gift deed. Seems like your case if purely represented in court.
It is ne essay to peruse documents cited by you and orders passed by courts to advice
2) merely on basis of facts stated by you it is difficult to advice
3) if court orders have been obtained fraudulently by suppressing material facts HC can set aside the order passed
4) person who does not come to court with clean hands is not entitled to any relief
It is not known what all the cases have been filed or what was the orders passed in each cae?
You may have to get the papers perused by a local lawyer or any other lawyer of your choice to have a second opinion because you have mentioned that all the cases are pending except high court case.
Who has made the statement that C is died and before which court, why did you not protest the same by bringing the dead person before court.
You are in a confused state hence not able to explain actual problems that you face, therefore you may revert with proper details.
- If the High court has quashed the FIR , then you can challenge the pass order before the higher court
- Further, why you approach the High court for re-investigation , and why not move an application before the same trial court before approaching the High Court.
- If the gift deed was registered then it cannot be cancelled without court order .
- If is necessary to peruse the orders and the documents before giving a proper advise .
what are the ways to question or challenge the single bench High court orders passed, The order was passed on 15th March 2023 and we got the physical order on 24th April 2024. Should we challenge this in the supreme court? or can we challenge it in the high court itself? What's the time limitation for the same? The high court passed orders based on 3 points 1. Person who has executed the gift deed is deceased ['C'] but this itself is a lie. 2. Injunction suit is pending in trial court [ Suit is not on the property ['PC']which is trespassed but on property 'PA' ] 3. There is an eviction suit against 'X', This was filed in 2019 after criminal case filed and charge sheet submitted in 2017 ..this is the only remedy 'B' have to recover possession from 'X' who is installed by 'A' in property 'PC'
Asked 2 years ago
it is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, decree or order by the first Court or by the final Court has to be treated as nullity by every Court, superior or inferior. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings
make an application for review of judgment
If it was a single bench judgment, then you can prefer an review petition before double bench .
You can vent out your grievances which were not considered by the single bench.
The limitation to challenge the same before division bench is three months from the date of receiving the order copy excluding the vacation period.
You can challenge order by way of appeal to larger bench. You can also seek review of order from single bench who had passed the order. Though you can also file SLP in SC also but in given circumstances it would be better to file appeal in larger bench or review before same high court.
This order is effected by grave error.
appeal in DB
Limitation period over. Delay condonation application will file.
- This order can be even challenged before the High in Double bench as well and also in Supreme Court .
- The limitation is 3 months from the date of passing the said order , however it can be condoned after moving an application.
Yes through SLP in SC
yes through eviction proceedings
If you are dissatisfied with the orders passed by the single bench of the High Court, you may consider challenging them. The appropriate forum for challenging the orders would generally be the higher court, which in this case would be the Supreme Court. You may file an appeal or a petition for special leave to appeal before the Supreme Court.
It is important to note that there are specific time limitations within which you must file an appeal or petition for special leave to appeal. These time limitations are generally prescribed by law and vary depending on the nature of the case and the applicable jurisdiction. It is crucial to consult with a lawyer who can advise you on the specific time limitations applicable in your case.
