Judgement was annoucend on 1 sept 2023, now
KSP Rao
(Querist) 25 January 2024
This query is : Resolved
Dear Sir :
There was wall constructed by neighbor by occupying 3 feet , i approached court dated 1 Jan 2022, after couple of hearing i present myself at Hyderabad city civil court and judgement was announced in my favor, and by showing the court orders requested GHMC to dismantle the wall dated 12 December 2023, instead GHMC Officials gave information to my defendant about the court order. however the judgement instructed defendant to dismantle the wall, he was not present at court for 2 years.
Now after the case got forfeited (from 1st Sept 2023 - 90 days) defendant is filing a written statement and also condone the delay in presenting the petition filed for setting aside in the interest of justice. His intention is clear to drag the case, however he was least bothered to attend the court case, now taking action to waste court time & plaintiff time.
Case : Defendant land showing as 142 yards in the registration document, however his property documents measurement show is 143.5 (L X B), so court gave orders to dismantle the wall and defendant only should dismantle the wall, not to disturb the peace of Plaintiff and not to construct the wall in fornt of Plaintiff house.
my question is
1. How much time does it take again for further process
2. Will the court again open the case
3. Request for valuable suggestion for How to proceed further.
4. what might be the next step from plaintiff.
The Hon;ble court upon hearing the matter has instructed to take out notice to respondent / plantiff and file proof of service and posted the matter to 30 Jan 2024.
Myself Received notice dated 24 Jan 2024.
KSP Rao
(Querist) 25 January 2024
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Sudhir Kumar, Advocate 
(Expert) 25 January 2024
if it was proved that the notices were served to him he has no ground to re-open the case.
better view can be expressed only on perusal of all relevant papers.
T. Kalaiselvan, Advocate
(Expert) 25 January 2024
1. If the exparte judgement set aside petition is allowed by the court, then the case will be taken up for regular trial and the disposal therein cannot be predicted owing to various factors.
2. Yes
3. You have to follow the procedures of law thereafter.
KSP Rao
(Querist) 26 January 2024
Thank you so much for immediate Response Expertise.
