Limitation act section 14
Raghu ponnala
(Querist) 26 October 2015
This query is : Resolved
21-02-1985(Compromise decree) DHR/Plaintiff was allotted 12 acres, and physical possision has been given JDR... (From aggrement of sale.This compromise decree)
30-06-92.(MRO file No.C/7/1992) After compromise decree, DHR/Plaintiff, instead of approaching the executing court, for registration of the sale deed, even though there is a clause in the said 2nd compromise decree, approached the Mandal Revenue Officer of the concerned along with the said compromise decree, filed a petition under Section 5 A of the Andhra Pradesh Rights in Land and Pattedar Pass Book Act, 1971 for regularization. Basing on the said compromise decree, the MRO after collecting the Stamp duty and registration fee, with the consultation of the concerned Sub-registrar, has issued a certificate, stating that the alienation is valid.
25-09-1993 After issuing the above certificate, the petitioners/Defendants have preferred the present appeal before the concerned Revenue Divisional Authority claiming that the MRO has not given any notice before issuing the said certificate and also the MRO has no jurisdiction to entertain the said case.The RDO opinioned that since it is a decree passed by a civil court and that the MRO has rightly passed the said order and hence there is no need to middle with the orders of the lower court and accordingly the appeal is dismissed.
04-12-2000 As against the orders of RDO, the Revision Petitioners/Defendants have preferred the present Revision. After due enquiry, the Joint Collector has dismissed the Revision and confirmed the orders passed by the below revisional authorities. of the A.P. Rights in Land and Pattdar Pass Book Rules. And thus the orders of the MRO are correct.
15-10-2001. As against the said orders of joint Collector, the Revision Petitioners/defendants have filed a Writ Petition before the High Court. The Hon’ble High Court has confirmed the orders of below authorities and dismissed the Writ Petition. In its orders, the High Court has disclosed that the plea of not issuing notice cannot be raised at this point of time and the revisional authorities have rightly passed the orders as per the Act.
07-02-2005 As against the said order, the Revision Petitioners preferred this Writ Appeal before the Division Bench. In this, the Division Bench has quashed all the orders passed below authorities and also set aside the orders of the High Court, Single Judge.
SLP NO. 10907/2005. As against the said orders, the DHR/Plaintiff preferred this SLP and the SLP is Dismissed on 13/10/2015
Q1. Can i go to the lower court and File EP on compromise decree of 1985 and invoke the limitation act section 14 . get the exemption of the time spent From MRO TO Supreme court.?
Q2. As the physicall position of the land give to the decree holders in the compromise decree can the JDRS clam the position ?
Q3. what is meaning of "limitation bars remedy but does not destroy/ extinguish the right" in the present context.
Q4. As the compromise decrees as been executed by the MRO because of the provision ROR act ie section 5-A of the act he had taken the registration fee and stamp duty and gave the title to me. now
My question yes i had used the provision of ROR act in stead of EP in the lower court. As i am getting the same benefit. If it was wrong court MRO would had rejected my application or even RDO would had rejected my application still i had time to to go the LOWER TO execute. AND even the joint collect had not rejected my application and even HIGH COURT had not rejected my application . HOW CAN I GO TO THE LOWER COURT TO FILE EP WHEN I HAD GOT WHAT I WANT FROM MRO BECAUSE OF THE PROVISION OF ACT. SO TEL ME KNOWN HOW TO GO ABOUT
R.K Nanda
(Expert) 26 October 2015
repeated query.
P. Venu
(Expert) 27 October 2015
In my opinion, the quashing of the compromise decree restores the matter to the files of the trail court.
Rajendra K Goyal
(Expert) 27 October 2015
Consult local lawyer and show him all the documents.
K.S.Srinivas
(Expert) 29 October 2015
Consult your advocate.
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
If the orders passed on the compromise decree is also set aside, then the matter is reverted to the trial court, please clarify from your advocate the status based on the high court judgement.
