My father had filed a criminal case at lower court against my chacha for an ancestral property...Father failed at lower court & he went to Sessions Court, there too he failed....
Now the thing is that my father is nearing his old age & he has given up all hopes to fight against my Chacha, hence he does not want to file a criminal appeal in High Court....Also he is in a state of mind to do settlement with his brother where we are opposing the settlement relating to that property since we want to prove the fraud in court...
Now the dilemma is
1. He had filed a poorly drfated suit at session court, I want to take up the matter making several additions to the appeal....Since only then the fraud can be proved......How do i handle this...
Lawyers are advising me that I cannot file an appeal, since my father has the right to file...But my father does not want to file an appeal...................
Do I have a right to file a fresh criminal case in high court with completely new facts & evidences to prove fraud on property & alongside within that the decision of Sessions Court within that fresh new case.
