SHIESTA007
(Querist) 05 August 2014
This query is : Resolved
Dear Team members,
Brief facts of the case:
This case of Land Mafia. The defendants( land Mafia gangsters) are in the habit of forging and creating the documents of GPA of the Land owners and getting done sale deeds among themselves and then selling them to a big real estate business people and in-turn they sell the litigation property to someone else. Infact these business is rampant where were now.
The petitioners have won the case in the trial court. The court has declared that the Sale deeds be cancelled which is done on the basis of illegal, fraudulent General power of attorney. They have ordered for the demolition of the illegal building that is constructed during the pendency of the suit and hand over the possession of the property to the petitioners.
The defendants have preferred an appeal in the district court. The defendant is now trying to influence to court that the petitioners should get into compromise.
Even the new judge without going to the gravity of the case is asking the petitioners to compromise with the case.
The judge he himself said that now that is all done and happened, instead of getting the building demolished the petitioners should compromise as the purchaser has made an investment on the building. even if you go again 10 or more years the case would go on and on. the case would be running and justice would not be delivered to you.
To this the petitioners who took 8 years to reach the finality of the case now when the trial court has passed the judgement still the new district court judge is asking to go for compromise. The petitioners are not able to pay such a huge amount and do compromise. first petitioners became the victim and then fought the case for such a long time. And now go for compromise.
It is really hard and painful to hear from the judge asking the innocent victims to undergo with compromise. The heart bleeds to see that the common layman goes in to ask for justice and the honest man gets what in the end to compromise with all the wrong doings that the crooks have done.
Now please guide how to tackle this issue. cant say no to the judge and the conscience says not to agree for the wrong doings.
At the first outright justice is delayed and after getting justice again the external forces in the form of law giver he only is trying to trample, and kill the justice that is to be delivered.
Devajyoti Barman
(Expert) 05 August 2014
Nobody can force you to make compromise. The court sometimes in an effort to end litigation asks parties to make out of court settlement.
You have every right to disagree on it and can proceed with the same. Ignore the court's request.
Guest
(Expert) 05 August 2014
The judge of the case can advise you, but cannot force his wishes except through judgment in the case in the interest of natural justice.
Rajendra K Goyal
(Expert) 05 August 2014
Judge can suggest compromise and can not force. You have right not to compromise. Court would deliver the judgement after hearing of the case.
Advocate Bhartesh goyal
(Expert) 06 August 2014
Court can not compel or force any party for compromise or settlement the case but make efforts for same.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup