WILL THE WRIT BE ALLOWED OR DISALLOWED BY THE HIGH COURT IN A CLAIM OF FORGED SETTLEMENT DEED?
A writ by the guardian of Settlee of an unconditional Settlement Deed in absolute compliance of every aspect of related law is likely to come up for hearing in High Court in the immediate future. The substance of the writ seeking court verdict is on inapplicability of provisions of Maintenance and Welfare of Parents and Senior Citizens Act of 2007 as a reason to usurp the property of already executed and registered settlement deed by the Settlor by a dubious claim of ‘forged settlement deed’.
The writ is based on clean documents the Settlee is holding. Knowing full well, the writ proceedings can be rendered ineffective only based on unreal grounds, the Settlor has initiated a civil suit claiming the Settlement Deed executed and registered as a ‘forged document’. While counter was filed by the guardian of the Settlement Deed in the civil court seeking court’s injunction order restraining the Settlor from carrying a miscampaign and praying the court not to extend any interim order without notice, the status quo is the same as the suit is not yet heard by the court.
Pertinent questions seeking eminent replies from eminent lawyers are:
1. When the writ comes up for hearing in the High Court, will the judge conclude and allow the writ petition after arguments based on the merits of the writ ignoring the the civil suit lying unheard in the civil court or postpone the writ for later hearing till the trial court’s hearing is over?
2. Is it not necessary for the claimant of a clean settlement deed as ‘forged one’ to get an FIR registered in the police station simultaneously while the civil suit is also filed by him on the claim?
3. In the absence of an FIR registered in the police station, will that not be enquired about by the magistrate during the course of hearing of the civil suit?
4. Is it not necessary that both police investigations as well as civil court proceedings are to be launched separately and simultaneously?
S. SEKHAR
