Transfer original petition
Satishkumar
(Querist) 01 December 2012
This query is : Resolved
On 12/10/2011 I filed a Suit for Permanent Injunction at District Munsif Court emergently along with Interim Injunction and Commissioner Petition. Commissioner petition was allowed on same date. i too paid the commissioners cost. Munsif got transferred. 2 days later we both side counsels accompanied advocate commissioner, inspected suit property. Advocate commissioner colluded with defense counsel and didn't cooperated deputy survayer been summoned. Till date Munsif is not been appointed. But the said commissioner sent a private notice to me, plaintiff warning not to alter suit property falsely mentioning that she have submitted extension memo. *till now defendant side written statement have not been filed. Kindly advise me?
adv. rajeev ( rajoo )
(Expert) 01 December 2012
If the court is vacant charge of that court with another court. Check it out.
Raj Kumar Makkad
(Expert) 01 December 2012
Until a new judge do not take charge, you cannot expect any fruitful results. One thing you can do. If you think that local commissioner has connived with the opposite party then raise objections to his report and demand to send senior revenue official at site for inspection as per norms and submit his report.
Raj Kumar Makkad
(Expert) 01 December 2012
You may also move an application before District Judge to transfer your case to other court so that its hearing may take place and you may be saved from irrepearable loss.
Satishkumar
(Querist) 03 December 2012
Thank you very much for your advise sir. But i want to note you that the commissioner has not yet filed her report. in-stud of that she sent private notice to my clients and its copies to me mentioning that she has filed extension memo. When i checked out i didn't find any such memo in the case bundle. Hence I wanted to teach that commissioner a lesson of law and to the opponent advocate who has not yet filed written statement and doing all back door works! Kindly advise me!
