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Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     05 November 2022

Amma land dkt dated 05 nov 2022

Respected Sir/Madam

I respectfully submit that

My ancestral agricultural land sold by my cousin and his portion kept for me. 

I have filed Original Suit No. OS/133/2017 in Junior Civil Court Kodad Suryapet dist Telangana. 

The one of the Respondants( Buyer) sold the same property to another buyer( property alienated) . So I have again impleaded that second buyer as Respondant ( second buyer). Now the second buyer doing some thing ( i.e planting some plants) .

My advocate telling to occupy your portion by some means.

My friends telling to take in to possession the scheduled property .

My  known person( settlement  group of persons ) ,telling that  go and arrange some temporary shed and and settle there. 

What to do?

I have taken the photos  of present position of the property. 

Shall I submit the honourable court ?

Or

Shall I complain police that respondant is using  the dispute property?

What shall I do?

Please suggest me the course of action.



Learning

 6 Replies

N.K.Assumi (Advocate)     06 November 2022

File a Declaratory suit and also obtain Permanent injunction against all person interfering with your land.

1 Like

Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     07 November 2022

Originally posted by : N.K.Assumi

File a Declaratory suit and also obtain Permanent injunction against all person interfering with your land.

Respected sir/Madam

Thank you so much for your wishes and concern and quick response and reply to me. 

Your sincerely 

Vijay Guttikonda 

Dr J C Vashista (Advocate)     07 November 2022

Did you obtain ad-interim injuction (stay) order for creating third party interest lis-pendense ?

If you are not satisfied with the performance of your lawyer change him / her immediately.

You will appreciate the fact that it is inappropriate to oblige you properly on the basis of limited facts posted, for which entire case file has  to be perused before forming an opinion..

However, It is advisable to consult and engage another local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceedings.

 

Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     17 December 2023

No sir. I have filed impleading IA since the property is alienated by Defendant 1(D1). The D1 instead of filing WS, she approached high court of Telangana for stay by filing CRP. Honorable High Court of Telangana granted stay. I too approached the Honorable High Court for vacating the stay orders, stay orders are diposed in favor of me.

Now, one senior advocate is suggesting me that instead of asking for injunction in OS/133/2027, it would have been asked for cancelation of Sale Deed of D1 at that time. So now he is suggested to file another suit for cancelation of sale deed.

But another senior advocate is telling that ,in one issue two suits are not maintainable, it is better to file amendment of previous OS/133/2017 ask for cancelation.

please let me know what should I do.
shall I go for filing another OS for the cancelation of sale deed of D1
or
shall I amend the previous OS /133/2017 and ask for cancelation.

Dr. J C Vashista (Advocate )     17 December 2023

Show the case file to another (independent) lawyer of Telengana High Court for appreciation of facts and professional advise.

T. Kalaiselvan, Advocate (Advocate)     17 December 2023

Filing a new suit on the same cause of action may not be maintainable. 

You can file an amendment petition to amend the plaint suiting your current proposed amendment. 


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