Recovery of money and cancellation of sale deed
Stephen
(Querist) 27 November 2017
This query is : Resolved
Dear Sirs,
I had filed OS against the accused/defendants for cheating / illegal sale of plot in a privately developed layout.
Now the court has posted the hearing for Order state. When the judge pronounces the order in favor of us/Plaintiff would the Judge/Court also help us ensure the defendants are bought to books till they pay the entire money with interest. Also will there be any refund of the court feet paid towards this purpose. Also kindly help me understand once the Orders are passed, will there be any subsequent hearing. if so what are stage and purpose of those hearing. Lastly at what stage of hearing documents i.e Orders OR Judgement documents to be useful or to be produced at the criminal side of the court (district metropolitan magistrate)
Thanks & Regards
Stephen
Ms.Usha Kapoor
(Expert) 28 November 2017
I'd advice you to go for out of court settlement or compromise and arrive at an amicable settlement and mutually cancel the sale Deed.Instead of years of procrastination and waiting this is better.Or approach LOK Adalat attached to every District court which if seller and buyer are willing may settle the matter in 1./2 an hour and pass a decree which is equivalent to a civil court decree and binding on both the parties.
Ms.Usha Kapoor
(Expert) 28 November 2017
If you appreciate my above answer pleases give me likes.
P. Venu
(Expert) 28 November 2017
A civil court pronounces a judgment and decree. Further steps need be taken in getting the judgment executed. Criminal proceeding calls for a separate action. This aspect could be decided based on the findings n the judgment.
Stephen
(Querist) 28 November 2017
Dear Sir,
Thanks for the response. To reclarify and obtain detail help below further details.
I have filed OS in city civil court and after 1 year. the court/judge have posted the hearing for Order state, while the Criminal side of the hearing in other court yet to start. Meanwhile wanted to know whether Order from the city civil is the final OR are there other stages viz., Judgement, decree etc. Besides would city civil court help in obtaining the cheated money from the defendants. Also what all documents viz Order Judgement, decree to be followed and obtained to present at the criminal court side of the case. Finally on the OS now the order is to be passed would court refund our initial amount paid towards this.
Appreciate details / advice to each of the points mentioned above by me.
Thanks & Regards
Stephen
Ms.Usha Kapoor
(Expert) 29 November 2017
Court would refund the court fee under following sections of court fee and Suit valuation Act.Please click below given link for further information on this issue.
http://ecourts.gov.in/sites/default/files/Law%20on%20CF%20and%20SV%20-%20Sri%20B%20Shiva%20Sankar%20Rao.pdf
In the booklet found by you after clicking the link only pages 61 to 68 are relevant for our purpose.
Dr J C Vashista
(Expert) 29 November 2017
How do you say you will get the judgment in your favour?
How could the civil and criminal case run concurrently for the same cause of action?
What are the facts of the case?
What is the opinion of your advocate?
Stephen
(Querist) 30 November 2017
Dear Sir,
Thanks for asking this question. However I state details as best as I can, hoping to get clear help from experts.
The defendents cheated with wrong katha number to the extent of 27L sale of privately developed layout. Based on all the evidence of the plot including neibhours etc. I filed the OS at civil court and also thru Compliant , FIR and chargesheet from the police side filed Criminal case at the district magistrate court as well. However on the OS side after many hearings wherein defendants has not produced any evidence to their falls written statements etc. Our judge has posted for 2nd time for the Order state. I am confident it would be in my plaintiff favour and cancellation of the cheated sale deed and money to be settled to us with interest. Therefore in this context I am asking the clarification, 1) whether court will help us in defendants settle the money 2) what would be covered in Order 3) And are there other state of court hearings i.e Judgement, Decree etc. If yes what are documents important to be produced at the crimial court; wherein the defendants thru police bribing to postpone not even to give summons.
Hope this clarifies and now I await your advice and suggestions.
Thanks
Stephen
Guest
(Expert) 30 November 2017
SEEMINGLY, ABSOLUTELY VAGUE & PREMATURE ACADEMIC QUERY !
If it is a real case and you have really filed a case in the court of law, first of all get your case decided by the court of law and only then cone forward with your query as per the characteristics of the court order and that too after obtaining views of your own lawyer also.
TILL THEN THERE IS NO RELEVANCE OF YOUR QUERY.
Guest
(Expert) 30 November 2017
@ Ms. Usha Kapoor,
I REALLY LIKE your begging type of request every time after you your vague advice, but I don't like to give a 'like' to non-deserving persons.
Stephen
(Querist) 30 November 2017
Dear Respected Sirs / Madam,
I am not a impostor seeking examination type questions.
If you trace many of previous queries I am seeking clarification / advice on the same subject of different stages of hearing. Nevertheless for lack of better vocabulary in explaining my query seems vague. However below are the case ID wherein you will find my name as POA handling on behalf of my friend plaintiff and specially on OS it can be seen / known various stages of hearings and some of the disposition docs
City Civil court complex – Bangalore OS 5854/2016
Mayohall court complex – Bangalore CC 50115/2017 - X Addl District magistrate
Hope with this info, ardently seeking experts advice and suggestions.
Thanks
Stephen
Guest
(Expert) 30 November 2017
@ Mr. Stephen the querist,
Very interesting vague query and more interesting observations of Dr. JC Vashista and Mr. Jigyasu and still further interesting are the solutions, like shots in the air without seeing any bird of prey, if any expert provided any advice without knowing the fate of the case!
It is just like suggesting for making preparations for celebrations of the birthday of the son of a still unborn child, what to say of surety whether he will really take birth and not get aborted and even if he would get matured for marriage, gets married and produce son also !
OF COURSE, ABSOLUTELY VAGUE QUERY !
By the way, have not asked the opinion of your own lawyer on your query? FURTHER, I wonder on what grounds you preferred to seek advice of the experts, when your query is quite deficient of even the very initial basic facts.
However, if you don't mind, please clarify the following points::
1) Have you really purchased the plot?
2) If purchased, on what basis you were convinced about the legality of the deal at the time of purchase, when you were expected to be satisfied about the fairness and legality of the deal before buying that?
3) How could you come to the conclusion that the sale was illegal that too only after the registration of the property in your name?
4) If the plot was illegally sold to you, have you really got the sale deed cancelled by the order of the court?
5) If sale deed was cancelled, what process you adopted to get the sale deed was cancelled?
6) If got cancelled the sale deed, what were the orders of the court and on the basis of which grounds you presented before the court?
7) If not yet got cancelled and the present O/S pertains to the application for cancellation of sale deed, what kinds of reliefs you have sought from the court through your O/S?
8) In the absence of mention of the reliefs sought by you, how can you expect that the experts to predict about the outcome of the case, like astrologers?
9) If the judge has yet to pronounced the decision, how do you expect that the judgment would surely go in your favour?
10) If you can predict about the positive outcome of your O/S, why you can't predict, yourself, whether the court will help you to bring the accused to books?
11) If the present O/S is yet to come to the stage of judgment, where was the logic of asking for any such vague type of question prematurely.
So, be patient, let that come to the final conclusion. Ask any question, whenever you actually are made to face any problem, but that too only after getting opinion of your own lawyer in the case.
Guest
(Expert) 30 November 2017
Even if a real case, your query was quite premature to ask.
Already suggested you to be patient to wait for the verdict in your case. Come forward only if some problem arises thereafter, but only after consulting your own lawyer to discuss the same here with the experts.
