Rights of gpa towards grievance in judgement contestable
Stephen
(Querist) 19 September 2021
This query is : Open
Dear Respected Sir,
In subject this query, I am standing as GPA to my friend who is abroad, hence contested money suite recover and I am puzzled by judgement given by the judge stating its a here say.
In such kind of aggrieved judgement, please advice me of what errors and injustice in judgement I can seek help in which court to get justice in my friends favor. Looking forward for your expert advice and help in this hour of sadness
Thanks & Regards
Stephen
Stephen
(Querist) 19 September 2021
Dear Respected Sir,
In providing below brief sequence of event, seeking more clarity as to how go about filing appeal and areas in which can be applied and court.
Year2013 my friend bought a plot from a seller a family of 6 all had signed sale deed. At that time I was not aware
year2015 my friend came down to India and showed me the property, sought help to pay taxes and get it fenced and when I tried to fence some started fencing and claimed they are the owners of the plot
Since I could vouch they are wrong or we-my friend was wrong after persuasion I collected their sale deed paper and adjoining sites paper and compared with my friends sale deed and found Katha number was bungled, though having same survey no and sequence of site
I started investigating and feed the inputs to my friend, he interacted with seller through whats app, though the seller inadvertently acknowledge and gave frivolous reasons stating alternate site elsewhere buyback etc but never showed truthfulness to settle from indemnity case in case deed point of view. This happened for 6 months
Finally my friend and I decide giving powers to me as GPA to raise a police complaint Jan2016. The jurisdictional police concluded investigation and raised a charge sheet as well, while the defendant seller obtained bail.
We filed money recovery suite in Sep2016 providing all certified copies of sale deed along agreed sale of contentious site which was settled as per 2010 court and detail EC which indicated my friends site never existed for 30 year period.
During the process of suite, as GPA in my cross examination I mentioned I was not part or aware when sale occurred in 2013, but since 2015 I was aware of the intricate hiding of facts which seller canceled while selling to my friend and responded to all questions in clear and truthful manner
During the defendants cross exanimation I produced the whats App and OS589 year1998 which has gone against them as they had lost all rights of the entire survey. The defendant acknowledge it was true.
Post all closure of all frivolous issues and arguments, when final judgement was given the Judge has give in favor of the defendants stating as GPA I don't have rights and correct understanding to raise the case and seek money recovery with interest, though all evidence documents were correct. Now in such kind of aggrieved judgement, please advice me of what errors and injustice in judgement I can seek help in which court to get justice in my friends favor.
Thanks
Stephen
kavksatyanarayana
(Expert) 19 September 2021
You have to file an appeal in the next court. Consult a local lawyer or your own counsel if any,
Stephen
(Querist) 20 September 2021
Dear Respected Sir,
We are taking up issue on our own due to various inhibition's, hence based on the clear and brief sequence of facts described, appreciate if you could highlight which areas or clauses of judgement grievances we can take to which court and any positive comments as to how long that court would take over turn the judgement.
Thanks & Regards
Stephen
P. Venu
(Expert) 20 September 2021
No definite suggestion is possible unless the Judgment is perused.
Stephen
(Querist) 21 September 2021
Dear Respected Sir,
Due to lack of resource we are taking up the issue on our own, also as the police has created chargesheet under 420B the criminal case is schedule for NBW hearing in Oct2021 wanted to know if we dont raise timely appeal would defendant take an undue approach with this frivolous suite judgement. Hence seeking simple few inputs on the areas which we can raise the appeal.
Awaiting your kind help.
Thanks
Stephen
