yadav (owner) 04 November 2013

High court stay order by producing wrong documents

Mr. A has filled application for land partition and won the case (all procedures like summons, NAKSA A, NAKSA B, SANAD TAKSIM etc were completed) and requested court for land possession, Mr. B file case in FC (Finance Commissioner) court but due to non availability of judge Mr. B approached high court stating that FC is not hearing his case and requested for stay order against giving land possession to Mr. A. For requesting stay order he produced the entire wrong document like showing wrong land records and cancelling other documents, thus he got stay order and prevented Mr. A in getting possession of land.

Please guide on following points with articles no.

1. Can Mr. A file a case in high court and removed the stay order by producing correct land records and other details.

2. Could Mr. A file a case in high court on facts that Mr. B has misguided court and obtained court stay order by wrongful manner thus misguiding High court.

3. Mr. B has harassed Mr. A mentally and financially.

4. Mr. B misguided local authority ( local court who asked police to help Mr. A in taking land possession) by producing stay order pertaining to some other land9 or wrong stay order) and thus wasting time and resources of local authority

Pleas guide.

Regards

Mr. A

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2 Replies

BAALASUBRAMANNYAMM (Advocate) 04 November 2013

Here "B" produced documents and got stay orders before the High Court, in the absence of "A". If "A" would have objected about the genuinity of the documents which were produced by "B" at the time of hearing.

If "A" feels, that the produced documents are a fabricated and concocted documents by :B" and if "A" proves before the High Court, the Court definitely vacate the Stay Orders. If the court believes that all the documents are a forged and fabricated documents only with a view to obtain Stay Orders, suggest "A" to file a case against "B".

T. Kalaiselvan, Advocate (Advocate) 05 November 2013

Yes for your first two questions. Prove before the court that B has not approached the honorable court with clean hands with the help of substantial evidences in your possession and seek to vacate the stay order obtained by B against you. For your question 3 and 4, after vacating the stay against you, file a suit claiming compensation for the damages caused by B through a civil court of your jurisdiction.