Yashpal Singh
03 February 2016 at 00:04
Sir,
1. The lower court passed a Decree of Rajeenama in a case of Specific Performance (2005) in a land purchase between Seller 'A' and Purchaser 'B' in an un-partitioned agriculture with other Khatedar 'C' & 'D' in 2015.
2. The 'C' had already obtained Status Quo in his application in 2010, thus filed a case of Court of Contempt for the decree of specific portion of land in an un-partitioned land; whereas there was no Stay on the Execution of the Civil Proceedings by the lower court.
3. In parallel to this a partition suit is also pending in SDO Court since 2005; brought by 'C' in assistance to 'A' to cancel the sell made by 'A' in favor of B in 2004.
4. After the Decree 'A' instead of putting Application of permission to make sell registration in favor of 'B'; indulged in the other preparation with his well wisher 'C'.
5. The 'C' has later file 'Civil Leave to Appeal' to appeal against the Decree passed in favor of B by ADJ Civil Court. 'C' has been working for A to challenge the decree to that 'A' could sell his land in question to other parties at present rates.
6. The 'Civil Leave to Appeal' is pending in the hearing in HC; most probably would be dismissed/rejected on the ground that the land has already been partitioned and 'C' has no right in the property of 'B' nor he is a co-tenant.
My Question:-
7. Can 'B' put an application in the Decree passing Court under Order 21 rule 11 when the Leave to Appeal is pending to get allowed or not and also there is one more application of Court of Contempt (2015)...?
Because the Seller 'A' has already verbally agreed to sell the land in question after the decree might be quashed through the Appeal & WCP made by 'C'. 'A' have also taken some advance amount from other purchasers & are waiting to get the Land after the Decree.
Please suggest with appropriate solution.
Yashpal Singh
09 June 2013 at 15:41
After demise of my father the Parental property was further submitted to mutation in the name of my mother, younger brother and myself with share of 1/3.
I have given up my share of property 1/3 to my younger brother through an instrument of Hak Tyaag Deed.
I have also equal self acquired property, so due to my parents wish I gave my share in favor of my younger brother by Hak Tyag Deed after my mother demise. My mother also gave up her share to my younger brother by her Will.
After demise of my mother my younger brother and his children insult me and my family and broke all relations.
Now, looking on their attitude and misbehave towards me I am feeling that my share in parental property has gone wasted by just an instrument of Hak Tyag Deed to those whom are not eligible for that.
Please guide me how can I correct my big mistake and revoke my Registered Hak Tyag Deed to Restore my Share in my Parental Property.
Application under order 21 rule 11 when appealed the same
Sir,
1. The lower court passed a Decree of Rajeenama in a case of Specific Performance (2005) in a land purchase between Seller 'A' and Purchaser 'B' in an un-partitioned agriculture with other Khatedar 'C' & 'D' in 2015.
2. The 'C' had already obtained Status Quo in his application in 2010, thus filed a case of Court of Contempt for the decree of specific portion of land in an un-partitioned land; whereas there was no Stay on the Execution of the Civil Proceedings by the lower court.
3. In parallel to this a partition suit is also pending in SDO Court since 2005; brought by 'C' in assistance to 'A' to cancel the sell made by 'A' in favor of B in 2004.
4. After the Decree 'A' instead of putting Application of permission to make sell registration in favor of 'B'; indulged in the other preparation with his well wisher 'C'.
5. The 'C' has later file 'Civil Leave to Appeal' to appeal against the Decree passed in favor of B by ADJ Civil Court. 'C' has been working for A to challenge the decree to that 'A' could sell his land in question to other parties at present rates.
6. The 'Civil Leave to Appeal' is pending in the hearing in HC; most probably would be dismissed/rejected on the ground that the land has already been partitioned and 'C' has no right in the property of 'B' nor he is a co-tenant.
My Question:-
7. Can 'B' put an application in the Decree passing Court under Order 21 rule 11 when the Leave to Appeal is pending to get allowed or not and also there is one more application of Court of Contempt (2015)...?
Because the Seller 'A' has already verbally agreed to sell the land in question after the decree might be quashed through the Appeal & WCP made by 'C'. 'A' have also taken some advance amount from other purchasers & are waiting to get the Land after the Decree.
Please suggest with appropriate solution.