vijayj4.2012
28 September 2021 at 23:16
Respected Experts,
Plaintiff filed declaration of title and possession of suit property in Senior Division as spl. c. .s.
In that defendant's submitted pursis as well as Affidavit's of Undertaking that they won't sell property but if neighbor start construction defendant's will do repair or construction of that portion as if necessary.
Plaintiff took objection on this pursis as well as Affidavit of Undertaking by submitting application that defendant's won't have right and title in property. Plaintiff only the owner of property and without Plaintiff written consent and court as well as municipal corporation permission they can not do any repair or construction in suit property. So Plaintiff prayed in application that do not consider affidavit as part of evidence, it is illegal so Plaintiff object it and reject this Affidavit of Undertaking.
Now honr. court ordered that application is FILED saying pursis is just information to the court it cannot be accepted or rejected.
But honr. court ignored the main thing that Affidavit of Undertaking and ignored in there order. Also instead of accepting or rejecting application they ordered it as FILED.
When we request to honr. court that instead of FILED please order on application either accepted or rejected by reconsidering the order, but honr. court saying to go appeal if not satisfied.
we want to file appeal.
But, The current application is not a interlocutory or injunction application. So, We need information:
Confusion is Under which section or order we need to file appeal?
Which kind of appeal we need to file either appeal or review or revision? and
What is its jurisdiction of senior division order to district court or directly high court.
which type we need to file Civil Misc. Appeal or Civil Revision or Regular Civil Appeal?
Kindly help us for this complicated issue.
jaideep
28 September 2021 at 14:50
Dear experts i want to know which book to purchase for legal drafting of deeds, will....etc
Ranvijay Chaudhary
27 September 2021 at 17:28
Dear Sir..
No Notice came to Respondant no 1 to 3,
So In the date order the court wrote " Let, notice to the respondents No. 1 to 3, be issued for 1.10.2021 through RC-AD Post, on filing of copy, within seven days. No further opportunity shall be granted, to submit the copy of Appeal, on the prescribed pro-forma."
What is the meaning of this sentence.
Balaji Bakthavathsal
27 September 2021 at 13:07
Dear Learned Lawyers,
In a Civil Suit on an immovable property, as the respondents abstained from the court proceedings, the court awarded ex-parte judgment / decree in favour of the plaintiffs by granting a permanent injunction restraining the respondents not to interfere in peaceful possession of the property by the plaintiffs. At the same time, one of the respondents filed a separate civil suit on the very same property seeking partition which got dismissed by the other court stating that the plaintiff has got no right over the property as she failed establish the facts. While both the suits were filed in the same year, the ex-parte judgment delivered first and after a couple of years the partition suit judgment was delivered.
The person who was awarded permanent injunction in the ex-parte judgment neither contested the suit nor challenged the ex-parte judgment by filing an appeal.
On the contrary , in the suit filed by her seeking partition, she had filed an appeal in the District court challenging the dismissal of her petition and also filed an I.A. seeking stay for the sale of the immovable property.
In my view, the stay sought by her through the IA is not sustainable as she has been awarded permanent injunction which was not challenged by her.
My doubt is whether the IA petition tantamount to res-judicata ? Whether it can be opposed in the appeal ?
Please quite the citation if there is any.
Thanks & Regards
B.Balaji
bhanu pratap720
27 September 2021 at 12:28
Kindly cite some practical examples of ' proper party' .
Is there a difference between a pro forma defendant and a proper party or are they the same ?
Sushil kumar
26 September 2021 at 20:03
Dear Sir,
Please inform what is "Lucus Standi"
Thanks and Regards
Sushil Mehta
Ritesh Rathod
26 September 2021 at 18:54
Dear sir,
I want to issue notice to Gram Panchayat for filling suit for compensation my question is notice to be address to sarpanch, Gram Panchayat or only to Gram Panchayat? Actually Notice i already addressed to Sarpanch Shree, Gram Panchayat.
Anonymous
26 September 2021 at 17:10
Hi,
My society has 100 flats and all of them are giving maintenance to them in cash .During pandemic also they force to give in cash and deny accepting payment in gpay or internet banking. Even if someone had covid once he recovers he shouts at them and ask for cash.
what could be the reason. Are they doing this to evade tax. Secretary is an uneducated unsocial person. What can i do to make him understand what he is doing is wrong?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Need help wrt neighbour's resistance for our drainage line
Hello Am Chandra, a resident of Hydearbad city in Telangana state. Currently am facing an issue due to which me and my family are losing our peace of mind which I'll try to explain in best way possible. We had an ancestral property(mangalore roof house) in our native village located on the Hyderabad city outskirts. Due to expansion of city on outskirts, now our village is merged with a nearby village under newy formed muncipality made by Telangana government. Previously it was a village in mandal so the ancestral house land we owned comes under "GramaKantam" bhoomi. But now it became a ward in the muncipality, so we demolished the old house and right now we are in the process of constructing a groundfloor rcc structure in the same gramakantam land.On boundaries we have a 20 ft main road passing on the South side and between the main road and our boundary wall, there is a very small size of land,may be 5-6 feet length between road and our wall in triangular size due to road curving going forward. Also there is an electricity pole set on that piece of land. For our house,both the drainage outline and the municipal water connection lines will have to pass through that piece if land till the other side of main road.But one of our neighbours in the village are claiming that small piece of land as their own one. What we came to know from my mother is that previously during my grandfather times they use to tie their two cows in that place behind our boundary wall but still we had the drainage connection passing through the same land for our ancestral house. We never faced such objection from anyone previously when we had the old ancestral house but now this family members are not accepting to allow our drainage line and water line to pass through that land on the pretext saying that the land belongs to them. They dont have any document like grampanchayat tax bill, power bill nothing just a small triangular piece of land to prove their ownership and they have forcibly damaged the lines laid by us after we returned to our home in the city.We enquired in the municipal office on their claim and officials said the piece of land comes under main road setback but they are not listening to us or to the muncipal officials and creating nuisance daily. One of the family member is behaving as a rowdy by damaging our construction material and already laid drainage pipes.
So I want to know how to handle them legally, these family members who are objecting for our drainage line connections passing from land termed as road set back.