Settlement deed questioned

When the status-quo order was made by the court whether or not the status of the property was recorded or declared as compleatly  vacant in the case records? Why don't you pray for a commission to investigate the current  position of the demised property during status quo order or immediately thereafter? Whether or not the demised property was under lock and key on the date of status quo order? Whether or not you lodged any diary in the local P.S. when you detected your said brother occupied the property? Answers relating to all these questions are required to give you appropriate opinion.

Thank you so much, Sir, for your kind and instant reply.

The break-in happened on a Saturday,  a few days after the petitioner refused to record acceptance of the ransom demanded in the City Civil Court. So on the following Monday, I petitioned the Commissioner of Police who immediately forwarded the same to the Dy Commissioner of Police, who in turn marked it to the jurisdiction Inspector of Police. He enquired both me and the trespasser. The trespasser gave an undertaking that the issue will be amicably settled during the next Court hearing. I was also asked to give the same assurance, which I did. During the next hearing, the petitioner trespasser did not turn up. The fact of the vacant status of the suit property is recorded both in the police station and the Court. The status quo order was known to me only when the petitioner put up a banner referring the Court Order. Only on seeing the banner, I engaged a lawyer. Even before the Court Order / break-in, I had informed the police authorities that the property is vacant. Yes, Sir, the property was under my lock and key before and on the day the locks were broke open. Even to this day, the petitioner is in illegal occupation of the house. On my filing a case for possession of the property, the High  Court has very recently  granted injunction order restraining the trespassers from disposing or renting out the property. 

I shall provide any further information, you require, Sir. Thanks, once again.

Now you may file a contempt petition in the City Civil Court complaining that the petitioner deliberately and willfully flouted the Status-quo order of the Hon'ble Court and thus committed contempt of court and liable for punishment simultaneously file a Declaratory Suit praying for a judicial declaration that you are the absolute owner of the property as the sole beneficiary of the Deed of Settlement made by the original owner and the opposite party is merely a trespasser who by application of physical force and break open the door of the demised premises and by flouting status-quo order of the Hon'ble City Civil Court took up possession illegally therein.

Respected Sir,

Thank you so much.

Would you please tell me whether I can get both the cases at the City Civil Court and the High Court transferred to the Supreme Court of India in view of my old age and the dispossession of my property in an unlawful manner?

I am grateful to you, Sir, for having replied me.

With great regards.

TMPremkumar

You can file your cases in the City Civil Court neither in the High Court nor in the Supreme Court which you might have been afraid of. and apprehending.  You are claiming yourself as an old man , how old are you now? You can give Power of Attorney to any responsible person to act on your behalf in those two cases.

Respected Sir,

Thank you so much.

I did not understand what Sir meant by afraid of or apprehending.

Anyhow, I will consider your suggestion.

Thanks.

TMPremkumar

BY USING THOSE TWO WORDS i MEANT TO SAY THAT YOU MIGHT HAVE BEEN THOUGHT OF THAT THE CASE MIGHT BE LINGER FOR ALONG TIME BY ROLLING IT ON TO DIFFERENT HIGHER COURTS.

Respected Sir,

Thank you so much. Much relieved.

With warm regards.

TMPremkumar

Your query has been properly addressed by expert and senior learned Advocate respected Mr. Biswanath Roy sir.   From your contentions it appears that either your lawyer has not taken up your issue properly or that you are not knowing the history of the case properly, i.e., what is pending and what is to be done further in the court etc., also you are under misconception that if the case posted to supreme court directly it will be disposed soon, it is not so, you have to repose faith in your advocate or if you feel he is likely to favor the opposite side, you may change him, the very fact that some body settled illegally in your property is not acceptable, if you have valid documents in your possession, a third party cannot grab your property without any reason or rhyme, something has gone wrong somewhere or you have not come out with proper details.  You may proceed as advised.

Thanks.

You are welcome.