Limitation period
rajesh
(Querist) 10 July 2012
This query is : Resolved
in suit for bare injuction the trial court errored by decreeing then we approached senior as RA there appelete court reversed trial court ordered in our favour. It was ordered in our favour in high court, karnataka & supreme court of india in our favour. Now they have approaced first time suit for posession as thier name are in extract copy but dont have blue print who constructed the shop. Brief fact of case- The suit is multi storied our posession is in ground floor from 1971. suit is of ground floor and opposites are in first floor. now the query is of adverse or limitation. We have not put counter claim. We only want case to be dismissed. so request is for citations and any good sugesstion or documents. Pls. help (which we r posession from 1971 now they have filed for posession, earlier to save court fees they had filed false injunction suit that they r in posession if they had the order they would take illegal means of posession but failed)
ajay sethi
(Expert) 10 July 2012
your litigation has a chequered history as case has gone right upto supreme court .
you want case to be dismissed as earlier they had filed suit for injunction .
in said suit it is your case that they had made false averments that they are in posession of premises .
however according to you posession lies with you since 1971 .
you draw attention of the court to earlier suit filed in respect of same cause of action wherein no reliefs were granted . suit would be dismissed .
