property case involving multiple respondents

Querist : Anonymous (Querist) 14 July 2011 This query is : Resolved
Hi,

This is with regard to a land property which my father had purchased in 1979 totalling 50 cents from the legal heir of the property who owned 6 acres of land.Including my father, there were 14 other buyers who bought different/small parts of the whole 6 acres land from the same seller.
In 1981, the male siblings of "seller" had appealed in the district court against selling the property. The district court order was in favour of the 14 respondents.
The case was appealed in the High court subsequently where the appelant had withdrawn the case later in 2000. It later came to light that the appellant had entered into a mutual agreement with another party who registered a case regarding the same land in 2006.
Recently (a month ago) the high court has passed a decision favouring the appellant as our advocate (who was given the authority to represent all 14 respondents) did not attend any hearing)- (pls note this was not known to any respondents and they still hoped that they were being represented fairly)

Pls suggest what can be done now.

1. Can my father seperate his case (as the case is combined with 14 other people) and approach the supreme court?

2. Is there a period within which if any petition is not filed in supreme court then the case is lost for my father?

3. What is the procedure to approach the
supreme court for property related disputes?

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PALNITKAR V.V. (Expert) 14 July 2011
your father may approach the SC even if the other respondents do not join him. The delay if any will have to be got condoned. Engage some good advocate.

R.Ramachandran (Expert) 14 July 2011
Since the order of the High Court is only one month old, still there is time to file appeal before the SC. You have to act fast. It is not clear where are you placed.

In fact for filing an appeal before the SC, you have to first apply for and obtain a Certified copy from the High Court. Please immediately make arrangements for applying the certified copy.

In the meanwhile, collect all the documents - do not leave any document - it should be ensured that they are in a readable form - they are in double line etc. etc. - They have to be filed before the Supreme Court. All these will take time. So you have to painstakingly work without wasting time.

As rightly advised by Mr. Palnitkar, you have engage a lawyer.

prabhakar singh (Expert) 14 July 2011
both of experts have rightly advised,limitation is still there but you need to act fast,appeal can be filed even by one respondent making others op proforma

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