To elucidate a complex issue in simple manner the events happened in the following chronological order.
1) Properties A, B, C, D, E belongs to grandparents who passed away before 1997 and left with 6 children and without any will for all 5 properties.
2) Elder most son(111) is my Dad and he passed away in 2006 with out any will for these A to E un-partitioned properties alone, whilst he left a will for his own properties, and his legal heirs are his wife(222) and 4 children including me.
3) My elder brother(AAA), whilst I was not available locally, wrote a settlement deed on property A towards his wife(BBB) claiming that our Father(111) and all other 3 siblings gave property A (the most expensive one among all 5 properties) orally, and our Father(111) as well got it orally from his siblings -which all his siblings vehemently deny it and three siblings (including me) of this problematic elder brother(AAA) as well deny any such oral partition.
4) We all 9 shareholders of the properties A to E found this fraudulent settlement deed only after AAA's wife(BBB) with that fraudulent settlement deed was about to sell it to a third party (CCC); but before we could stop it using the local police, BBB registered a sale deed towards CCC. Soon after we came to know about it, our mother(222) filed a complaint with the district SP's office for Anti land grabbing against AAA, BBB, CCC and the sub-registrar(DDD). An FIR was registered u/s 420, 468, 471 IPC and my elder brother(AAA) was arrested, and his wife(BBB) and the third party(CCC) obtained anticipatory bail, whilst AAA was also released on bail. AAA, BBB and CCC together filed a FIR quash petition at high court and the same was dismissed as well as Prima Facie material is available to not quash the FIR and so the case was dismissed.
5) The third party (CCC) after having illegally bought the property even after consciously knowing that it is an un-partitioned ancestral property, filed an injunction in the Munsif court against me to restrain me from entering in to the property whilst I am enjoying the possession of the property and the case was dismissed as the petitioner never came to the court to give evidence. Later I came to know that CCC also have illegally executed a sale deed of a portion of property A to CCC's wife's brother(EEE) to intimidate us.
6) Whilst third party CCC never came to court to give evidence for injunction, he (CCC) and CCC's wife colluded and pretended as if they are fighting each other, CCC's wife filed a petition against her husband CCC to attach property A to pay for her maintenance, as third party CCC is not paying her to run the family. Its a colluded foul play to land grab our un-partitioned property whilst abusing our country's legal system. Please note - this is a case in the Munsif court where the CCC's wife is the petitioner and husband(CCC) is the respondent and they together are cheating the court. Both the plaintiff(CCC's wife) and the defendant(CCC) of the case never appeared in the court whilst filing this frivolous suit, and as per CCC's wife's request, she obtained an exparte attachment order to attach our un-partitioned property whilst the court is not made aware of the whole background issues involving the true owners of the property. All nine shareholders of this un-partitioned property A were not aware of this clandestine attempt of this husband and wife in misleading the court to obtain an exparte attachment order in an attempt to land grab our un-partitioned property, until almost 8 months later when I verified the encumbrance again at the sub registrar's office, I found out that the property A is attached.
7) Please note that the advocate who filed the case for CCC's wife is also the permanent advocate for CCC in his previous case to obtain a bail for CCC on the FIR filed against him by the Tamilnadu police Crime Branch - Anti Land Grabbing Special Cell. The advocate in his right mind and as well in cognizance that its illegal to mislead the court and against the very ethics and the very code of conduct of becoming a legal Counselor is abusing the law of this country and has no respect what so ever towards our country's legal system. Such advocates should be penalised by the solicitor General or should at least disbarred from the bar association. Its because of Advocates like him, the profession, at times is not getting the respect it deserves from the public, as the trust factor is broken or is getting weak between client and counselor, and the clients chose to give up their attempt to uphold righteousness as counselors like him make us dignified civil citizens detest dealing with courts and counselors to avoid talking to such unscrupulous people. Hope the Honourable Supreme Court establishes a system or check mechanism to keep the foul players out of the court and keep the profession and their work place clean and approachable for all aggrieved citizens to ensure that hope is not lost among the needy. I would like to quote 2 sayings from the upanishad in this context and a quote I recall of Lord Macaulay.
a)"Dharmo Rakshati Raksh*ta" which means Dharma will protect the one who protects Dharma - Artha Sastram.
b)"Satyam Bhootahitam Priyam" which means What is good and likable for all beings, by thoughts, speeches and actions, is Satyam(Truth) - Periyaval.
c) Justice Delayed is Justice Denied - Lord Macaulay, the author of IPC. The need of the hour to state this quote could be understood from what I read today morning in "The Hindu" newspaper: https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/a-28yearold-dispute-over-plucking-mangoes-still-rages/article4395814.ece
Hope this paragraph as I intended gets the attention of someone empowered to make changes in the legal system, and as well feel the necessity to change the system and be the change himself/herself and bring hope amidst those look upon the system as their only hope to uphold Dharma.
8) As per my advocate's advise, I filed a Claimant petition u/s Order 38 R8 and Section 151 of CPC as an IA on the suit which is a concocted dispute between Husband(CCC) and CCC's wife over our property A, to let the court know that they are fighting for a property that belongs to us and not theirs and prayed that the court attachment order may be raised. Even after handing over the petition copies to both respondent and plaintiff, they never appeared in the court to give evidence and so the judge declared exparte in this case as well, and asked me to give evidence and I provided all documents that proves the true ownership of that property and he posted a date for argument whilst there is no opposition to even argue against what I have stated in that IA.
My question is
1) What could be the outcome of this case after I could prove that we are the true owners of this property A.
2) Can the judge write a verdict that is neither in favour of the plaintiff nor the respondent as they both are absent in this case, and write in favour of the Claimant.
3) Could I just be a Claimant under Order 38 R8 and Section 151 of CPC as a IA Claimant petitioner without impleading all the 10 property shareholders in this concocted husband and wife dispute case and justice be delivered to raise the attachment.
4) If the attachment is raised, could CCC can again create an encumbrance or do a sale deed to further intimidate us as the sub-registrar says she will register any document on any property if there is no court order to prevent it.
5) We, all the nine shareholders except AAA are yet to file a Civil Partition, Declaration and Injunction(to restrain AAA, BBB, CCC, DDD and EEE from creating any more encumbrance on Property A based on a settlement deed and 2 sale deeds) suit, and we are waiting for the District Crime Branch police to file a ChargeSheet and are awaiting to a remedy through them. But, its been more than a year since the FIR was registered and the DCB police is postponing it and are not filing the Charge Sheet yet. Should I file the civil suit not waiting for the DCB police to take action and find a remedy (Cancellation of the Settlement Deed and 2 Sale Deeds) all by themselves?
6) If I file a civil suit as mentioned above, what effect would it have over the Criminal case at a later point when Criminal Case goes on trial?
