Missleneous appeal
Vinod R Kolkhede
(Querist) 28 August 2012
This query is : Resolved
Dear Sir/Madam
My friend filled the civil suite for Declaration, Permenanat Inunction and do not interfere with possetion in trial court.My friend belongs to Hindu family and the Aunty of my friend is claiming all immovable property (Agriculture lands). The husband of Aunty that means Auncle of my friend died before 15 years and after that Aunty got married to another Hindu persone. Since then the possetion of all immovable properties is with my friend. On some land papers, 7/12 extract (Land paper as per Revenue department of Maharashtra) the name of Aunty is mentioned with other co-owners and on some other land papers her name is not mentioned. Now Aunty sold 22 hectores of his land to third persone which was on her name. My friend filled civil suite for Declaration, Permenanat Inunction and not interfere with possetion in trail court. He mentioend in cliam that the propety is ancestral hence Aunty can not sell.He lost the civil suite for do not interfere with possetion in trial court and only that Missleneous appeal gone to district court. Again he lost in district court. Now the missleneous appeale is in high court and remaning other civil suite is in trial court. I just wanted to know whether High court has power to take other remaning civil suite directly on board or it will be with trial court only. Will the case go further or High court will give decision on other civil suite. Please provide the solution for my friend.
R.K Nanda
(Expert) 29 August 2012
Repeated query.
