History: In 1981, 1 acre and 50 cents of land were purchased by various individuals, including Shiva Rama Raju, Parvathiswara Rao, Laxmi Rani, and Manju Veni. These parcels were self-acquired, not ancestral. In 1992, Shiva Rama Raju sold his land to B. Vijaya Lakshmi. In 2005, B. Vijaya Lakshmi filed a lawsuit against Parvathiswara Rao, Laxmi Rani, and Manju Veni, alleging an oral contract breach.f iled a suit in O.S.No.297/2005 before the VI Additional Senior Civil Judge, Visakhapatnam, for specific performance on an oral contract. The suit was dismissed as not prosecuted vide order dated [deleted], without any subsequent appeal or steps being taken. Present Situation (2024): - Defendant 1 (Parvathiswara Rao) has passed away. I am his son now - New plan again On March 19th, 2024 since old plan of oral agreement didnt work , B. Vijaya Lakshmi's associates damaged the compound wall. - A complaint was filed by me to police on March 19th. - Revenue officials visited on March 21st without notice. - try to construct wall in our compound -we dialled and 100 and stopped it - our complaint was given only acknowledgment the issue is "civil in nature" - A court notice for temporary injunction was received on 23rd March 2024, containing wrong address and unknown Defendant - we complained to commissioner of police on SHO for not registering FIR on our complaint. - April 5th 2024,ACP called both parties and told to have combined survey but not to fight -however the other party in the name of injection constructed wall with in our boundaries - April 19th 2024, we tried very hard to stop by calling 100 again , they made me to sit in station for 4 hours and constructed high cocurate wall immediately. -police simple said the other party have injection order and the issue is civil in nature and they are busy with election - they are false FIR registered on us by SHO threating us not go to site - we hold all proper original documents - The upcoming hearing for injection is on April 30th, 2024, requiring our preparation. B. Vijaya Lakshmi is very old lady who cant even walk but her son is principal district court judge influencing police, revenue and also get interim injection order from junior civil court. Considering the legal entanglement involving a Principal District Court Judge's family, particularly his elderly, incapacitated mother, what strategic approach should we adopt? What are the proper steps for lodging a complaint with the High Court Note : upcoming hearing on injection is April 30th and he constructed wall with name of interim injection, police cooperated and damage already done Your guidance is appreciated. Thank you.
22 answers received from multiple lawyers
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you can file appeal against impugned order before HC
2)Take the plea that wrong address was deliberately given you were not served with summons and injunction obtained by suppression of material facts
3) seek orders for demolition of compound wall constructed on your land
If any judicial officer is misusing his official power then complaint can always be lodged against him before the Registrar General of the High Court.
You can file a stay petition before the same court and also a petition to vacate the interim injunction against the old lady for misusing the law and constructing the wall and also for encroaching the property without any rights or interest hence to restrain her from proceeding ahead with her intended construction.
The police may not interfere in this civil dispute.
However you should have been more conscious when the dispute began so that you should have approached court with an injunction petition against them even before they approach the court.
If you have evidence for the indulgence of the district judge in this matter, you can give a complaint to the registrar of high court agaisnt the district judge to initiate proper action agaisnt him.
Dear Client,
Develop a strong defense strategy based on legal grounds, such as challenging the validity of the interim injunction, proving that the construction was unauthorized, and highlighting any procedural irregularities or bias in the legal process. If you believe that there has been judicial misconduct or bias due to the involvement of the principal district court judge's family, you may consider lodging a complaint with the High Court. Consult with your advocate to prepare a detailed complaint outlining the alleged misconduct and providing supporting evidence. Your advocate should explore options for seeking emergency relief, such as filing for a stay order or injunction to halt further construction pending the resolution of the dispute. Exercise caution in all interactions and communications, avoiding any actions that could be perceived as confrontational or aggressive. Focus on presenting a strong legal case based on facts and evidence.
You seem to be lacking proper legal advise and assistance to handle the situation and this too is not your fault as people generally take law very lightly and pretend to be expert. People rely on hearsay advises. High court is not trial court and high court donot entertain complaint cases as other trial court do. Since judge is involved so situation is required to be handled tactfully. You have badly handled the issue which resulted into worsening the situation. If police is not registering FIR then you can file complaint case also under section 156 (3) cr.p.c. and can also file WRIT in high court. For rest you may consult individually.
I understand this is a frustrating situation. Here's some guidance to approach the upcoming hearing and the larger legal battle:
Preparing for the April 30th Hearing:
Documents: Gather all relevant documents:
Survey: If not already done, consider getting a fresh land survey conducted by a court-appointed surveyor. This can establish the boundaries of your property.
Complaint to the High Court:
Grounds for Complaint: You can file a complaint with the High Court against the judge's son's actions and potential influence on lower courts and police.
Evidence: Include copies of all the documents mentioned earlier as evidence to support your claims.
Maintain Records: Document all future interactions with the other party, police, and revenue officials.
Highlight Injustice: While presenting your case, emphasize the power imbalance created by the judge's family's influence.
Focus on Facts: Base your arguments on facts and verifiable documents.
Consider Media Attention (Optional): In some cases, bringing media attention to situations involving. potential judicial bias can be helpful. However, this should be a last resort and done
Regards,
Arunkumar Khedia
Advocate Bombay Highcourt
Complain to District Judge and Chief justice of AP.
Just write them formal letter also take support of media.
- You can approach the higher court against the said order.
- Further , if there an injunction order is passed then on non-compliance of the said order , you can a contempt petition before the same court.
1.On April 30th, we submitted only the Vakalat for respondent 1 (me), and the next hearing was scheduled for May 6th, 2024. 2.On May 6th, we presented a powerful counter, including the name of the Principal District Judge and staff. It is important to note that the Superintendent of the particular court also visited our site and made a call to me, informing me that "the joint collector and surveyors will come tomorrow." I became aware of this after seeing him in court. 3.We included this information in the counter, along with a recording on my phone and provided call data history. 4.We also included photos taken before and after the ex-parte injunction. 5.The junior civil judge marked that the written statement was not filed by D1 and, at the request of counsel, ordered the filing of a written statement by D1. Summons are awaited from the court as well as a response from D2 and D3. The next hearing is scheduled for June 19th, 2024. An injunction extension petition (IA 471/2024) was filed and allowed, extending the injunction. A counter was filed by R1. Notice is awaited from the court as well as a response from R2 and R3.Not sure why my lawyer didn’t submit witten statement . 6.I'm considering going to the High Court now to question how this suit was assigned a number and how the ex-parte injunction order was issued without proper addresses for D1, D2, and D3, and with D4's surname missing. 7.Next, we need to file a private complaint to lodge an FIR and also submit a complaint to the High Court of AP. 8.My lawyer is somewhat hesitant to argue for the private complaint to file an FIR against the Principal District Judge. He suggests bringing in a high court lawyer to argue before the junior civil judge, but this may come with a higher fee. 9.I'm curious about the approximate fee for a lawyer to handle the private complaint and lodge the FIR. 10.I require assistance in drafting a complaint to the High Court. Please let me know if any lawyer is available
The lawyer fee cannot be predicted, it depends on the lawyer and his standing.
If you are not willing to bring any other lawyer as suggested by your own lawyer then you can change this lawyer and engage some other lawyer who is ready to take up your case.
Any complaint to be given agaisnt the judicial officers will have to submitted to the registrar (vigilance) of the high court and not that you can straightaway file a case against the judge
1) legal fees vary depending upon lawyer engaged by you
2)get complaint against judge drafted by any lawyer from this website
- If the summons of the court not served upon the defendants properly then the court passing the ex-parte injunction is against the law.
- If the ex-parte injunction was passed , then you should file an application in the same court for setting aside the order of injunction.
- However, if an interim injunction order was passed then you can approach the higher court against that order of trial court , and as the summons not served upon the real name of the defendants , hence it can be a ground for cancellation of the inunction order
- The fee of lawyer depend upon the person to whom you will engage and it is not necessary that he will charge hefty amount.
- You can engage a lawyer for drafting the complaint and appeal.
You can take telephonic consultation and discuss the thing with kaanoon lawyers for the same
Sir,
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.
https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138
You can ping me on 09 yu 769 fg 490 ghj 911
The legal battle continues. The 68-year-old Plaintiff (mother of District Judge) passed away 52 days ago. There’s a possibility that the Judge may now step in as the legal heir, let us see. I have been advised to file a complaint against him , but my father’s friend, retired judge B. Krishna Rao, suggested gathering evidence first. We’ve finally received the ex-parte injunction order certified copies. Key issues: 1. Defendant No. 1 (Me): Incorrectly listed with no proper address .just "Visakhapatnam" hence no summons 2. Defendant No. 2: Unknown person, also no door number .just "Visakhapatnam"-- summons pending --impossible to send with address 3. Defendant No. 3: A UK-based neighbor with no role in the property.no address just "Hyderabad"-impossible to send with address 4. Defendant No. 4: Properly addressed, but unrelated to the case. I filed a counter affidavit on May 6, 2024, and a written statement on June 19, 2024, citing procedural violations under Order 5 CPC, but ex-parte extensions continues without notice. Summons addresses are vague, and the Judge is aggressive towards my lawyer. Despite no documents from the Plaintiff or valid affidavits, an injunction was granted on March 22, 2024 on same day she applied, and construction has begun on my property under its protection. A petition to vacate the injunction will be filed on October 1, 2024. Regarding B. Sai Kalyan (Influencer Judge): Many advise filing a complaint, but he may claim ignorance it his mother property. Evidence against him includes call data and recordings, but this may be insufficient. My opinion Complaint Against only junior Judge P. Nageswara Rao(Influenced by Senior): The OS is clear proof ,He has violated procedural rules by extending the ex-parte injunction despite the written statement. He continues citing pending summons to unrelated parties. Many suggest filing complaints against both judges, but I believe only on junior judge Vigilance will uncover the full truth if they go
File complaint against the judge only if you have clear evidence
you can complain to administrative Judge HC
There's no purpose will be solved even if you file a complaint against the junior judge for procedural deviations.
You should have filed a petition to vacate stay or the order for interim injunction.
Let court pass any order, if it is against you then you could have taken up the matter with high court court by filing a revision petition.
If you have evidence of corruption then only your complaint will be entertained by vigilance department.
Dear client,
In your legal situation, it is necessary to deal with the procedural irregularities on the wrong entry of defendants and the unclear addresses that has hindered proper delivery of summons. These are relevant when giving a petition to have the ex-parte injunction set aside on the 1st of October in the year 2024 be kicked out because under the CPC under Order V, proper service must have been made. You should consider bringing an application for contempt against Judge P. Nageswara Rao for granting the injunction when there is no sufficient basis to do so without sufficient notice violating your rights and procedurally unfair. Although there are concerns that complaints against both judges should be made, it may be more beneficial to aim at the junior judge if you think he is pressured by the first judge. Whatever samples of his calls or conversation or other such material for substantiating the allegations compiled by her must be compiled completely. The approach is associated with Section 27 of the CPC pointing out that proper summon and fair hearing should be conducted in the case.
Hope you find this answer satisfactory.
I filed a petition on 1st October citing the following provisions: Order 39, Rule 4 and Rule 3-A, read with Order 22, Rule 3, Order 19, Rule 1 and Rule 3, Order 5, Rule 17, and Section 151 of the CPC. However, despite the plaintiff's death, the ex-parte ad interim injunction was extended on 1st October, and my petition was scheduled for hearing on 28th October. How is it possible for an ex-parte ad interim injunction to be extended after the death of the plaintiff without the filing of a Legal Representative (LR) petition or the legal heirs being added to the case? Furthermore, an affidavit was submitted by the deceased plaintiff's legal counsel, the SAME counsel had filed a memo on 10th August 2024, stating that the plaintiff had died. How can the SAME legal counsel file affidavits on behalf of a deceased person on 27th August 2024 and 1st October 2024? I understand that there is a 90-day period for legal heirs to be added, but I am surprised that the injunction was extended after the plaintiff's death. The junior civil judge did not update the case status online until late night and we only learned of the extension today by reviewing the court diary. Can an advocate sign an affidavit on behalf of a deceased person without an LR petition? If not, wouldn't the affidavit itself be invalid, rendering the extension petition null and void? Some advocates argue that a 90-day period is allowed for filing an LR petition, but this does not extend to signing affidavits on behalf of a deceased person. The advocate’s vakalat becomes invalid after the client's death. Do I have grounds for appeal on the basis that the injunction extensions granted on 27th August 2024 and 1st October 2024 are null and void because the affidavit submitted on behalf of the deceased is invalid? Is there any provision under which, after the plaintiff’s death, an extension can still be granted, or specifically, an affidavit can be filed by the advocate on behalf of the deceased?
advocate cannot sign affidavit on behalf of deceased person
2) vakalat nama ceases on death of the person appointing advocate
3) LR have to be brought on record
4) you can file appeal against extension of injunction order
The advocate can file an affidavit as an advocate stating that since the plaintiff has died and steps being taken to implead the LRs hence the interim injunction may be extended until then.
Therefore there's no legal infirmity in it.
You have to file a counter to their petition for interim and temporary injunction and also to vacate the same, if you have already filed then follow it up properly through your advocate.
- No, Advocate cannot sign an affidavit on behalf of the deceased person without an LR application.
- If the advocate has filed this affidavit on behalf of his client , then the affidavit is invalid and the extension can be challenged on this ground.
- However, the application for adding/substituting the legal heirs of the deceased can be filed within the limitation period of 90 days, but this application should be moved by the legal heirs and not with an affidavit of advocate.
The injunction has been extended for 11 months, citing non-service of summons to D2 and D3. However, I, as D1, also did not receive summons but voluntarily submitted a counter, written statement, vacate injunction petition, and counter to the LR petition after the plaintiff’s death. Despite this, the injunction continues, based solely on the deceased plaintiff’s advocate’s affidavit, without legal representatives being brought on record or valid documents like death or legal heir certificates,WILL. My vacate petition was initially returned with the reason “summons to D2 and D3 not served” but was later accepted as an IA and deliberately postponed to December 30. Meanwhile, the junior civil judge was transferred, leaving the position vacant. The in-charge judge is merely extending cases, including ex-parte injunctions, for 3-4 months, violating Order 39, Rule 3A CPC. I have complained to the Registrar General with all evidence, including docket orders showing summons were returned due to incorrect addresses. However, the process is slow, and no action is likely soon. My advocate suggested filing a writ in the High Court, as even a new judge may follow senior district judge instructions unless highly senior. What is the best approach to address this, Can i file WRIT against junior judge for procedural/administrative lapse from the begin of numbering the case with out details of parties including surnames, address and returning the documents to plaintff with out following CPC, summons not served for 11 months and will not be served for ages because of no such person or no door number, injuction extension notice not given to me . how to teach lesson on such judges not following procedures Any High court Lawyer of Andhra pradesh ..who can file WRIT and argue please let me know
File complaint against judge before administrative judge HC
Best of luck
No WRIT can be filed against individual. Judge enjoy immunity under law. Judge has merely discharged his duties and if you have any grievance challenge the order. As such there does not seem any battle.
The judge has not acted on individual capacity.
The judge post vacant is unfortunate.
However if the matter has been properly represented before the in charge judge, the same may be considered.
In he absence of impleadment order to implead the LRs of deceased plaintiff, where an order of interim injunction was granted, the court may not be able to vacate the interim injunction because the LRs have to file objection to this stay vacate petition and other formalities are to be observed.
As far as insufficient address or improper name of other defendants, your advocate has to inform o the in charge about this unnecessary delay and ask court to instruct the plaintiff to take steps to file fresh summons with fresh or proper address.
You first look for remedy within your source,i.e., through your advocate after which you can approach high court if there is no proper response for the efforts taken by you in the trial court.
Any petition before high court for this reason may not be entertained.