Regarding Form no.10 correction by DC.
Respected Sir/ Mam
My father sold 15 acres of land in 1974 to Mr.X. We his 4 sons surveyed the land in 2007 and got to know that there is excess land of 12 guntas in addition to 15 acres and as per the Khata Extract and sale deed only 15 acres is sold and in the sale deed and the map clearly shows north part is sold and the land reaming 12 guntas is at south. . We requested Mr.X to surrender 12 guntas of surplus land in 2007, however he objected.ok the matter to DC office to make correction in Form no.10. DC has sent notice about our request and the defence adv. submitted Vakalatnama before DC. After several notices to Mrs.X and his adv. none turned up during hearing. Hence DC ordered the correction of form no. 10 and 12 guntas is transferred in my Mother's name in 2008. In 2009 Mrs.X challenged DC order in HC Gulbarga Circuit Bench of Karnataka and the case no in HC is ( wp 82644\2009). The case in HC is dismissed due non appearance of Mrs.X. Soon after the disposal of the case in HC in 2009, again Mr.X approached traial court stating that we forcefully took 12 guntas of land with muscle and money power. Mrs.X did not appear or none from his family including his adv appeared before the trail court, hence the case is dismissed in 2013. With in 60days from the date of the case dismissed in trail court, Mr. X requested trial court to reopen the case as she was bed ridden and judge granted permission 29-12-2013 reopen the case.
Following are my questions:
1)Is there any law , act or any HC and SC judjements which over rides DC order in correcting form no. 10.
2) Is it possible to open the case in trial court when the same case with same parties is dismissed for non appearance HC
3) Does the trial court has the power to reverse the DC order.
4) Is it possible to get stay on the trial court proceedings by my mom.
5) The land is under our possession, will Mrs.X get any kind of status quo or injunction against 12 guntas which stands in mom's name.
6) Could you please cite some HC or SC judgements pertaining to my issue.
I highly appreciate your time.