Forgery!
Suresh Babu Rai
(Querist) 06 February 2016
This query is : Resolved
Morning All!
Herein Telangana! If aggrieved by the orders/proceedings such as mutations (ownership) and entries in the revenue records passed by the Thahasildar an appeal lies with the Court of RDO (Appellate Authority under ROR) in challenging such proceedings.
Accordingly aggrieved by in a proceedings, I have filed an appeal before the RDO/Appellate Authority under ROR and the very appeal is allowed in my favour with a direction that the entries in respect of X are fake and ours are genuine. (A revision lies to the Joint-Collector within thirty days and I have filed a caveat before revision authority) on behalf of my client.
Meanwhile my client has received a warrant of injunction from the civil court. (Surprisingly basing on the latest Pahani {Entry in the Revenue Records} issued by the Thahsildar, whose proceedings were set aside in an appeal the court pleased to grant exparte injunction). On bare perusal of the copies and documents thereto (filed by the X) the X has suppressed the material facts and got exparte injunction against my client in spite of filing revision passed against hr.im with the Court of Joint-Collector.
My client approached the Thahasildar (whose proceedings are set aside in an appeal) to enquire that what made him in issuing the latest pahani 2014-15 in favour of X, in spite of directions in appeal, he said that neither himself nor his subordinates has issued such latest pahani and the same is found forged, fabricated, manipulated and created. It seems that the X has obtained the pahani for the year 2011-12 on 20.01.2016 and fabricated the 2011 as 2014 and 2012 as 2015 in order to appear the same to the court as 2014-15, dated 20.01.2016, but according to the office they have not issued the pahani for the 2014-15 but issued 2011-12 on 20.01.2015 when X approached and informed them that he is filing a revision.
I have lodged to complaint before the office, enclosing the copeis served from the court to my client stating that ‘whether the said pahani 2014-15 is issued by them or not’ and the same authority has issued a memo to the X asking him to produce the same. The office also informed that they will take criminal action for forging their records and asked us to summon them to the court of law to depose the same.
The application under 39, R. 1 and 2 of CPC stood for appearance of my client wherein the Hon’ble Court pleased to grant exparte injunction without knowing the forge.
I never come across with such type of practice, even the court staff also shocked knowing this, please advise me further………
Thank you one and all….
ROHIT SHARMA
(Expert) 06 February 2016
1. The ex-partee injunction can be vacated by the same court or the superior court if such apparent instance of forgery is established and reported to the court.
Raj Kumar Makkad
(Expert) 06 February 2016
Your need to take multilevel actions at the same time. Filing false and forged documents supported with an affidavit is perjury hence you immediately need to move such an application before the same court and subsequent application seeking vacation of the stay order and third one filing a separate FIR against your opponent for the forgery he made with the public documents. Any person can initiate such action. Better you obtain the certificate from the revenue authorities to the effect that they have not issued the Pahani for 2014-15 and the same filed in the court is forged one.
Rajendra K Goyal
(Expert) 07 February 2016
Agree with the expert raj kumar makkad.
